Appeal No. 2005-1698 Page 5
Application No.09/775,425
wheel cover designed to extend to the radial edge of the rim implicitly allows for the
wheel cover to extend radially beyond the edge of the rim due to tolerance variations
(brief, page 10).
The appellants’ argument that Todd’s disclosure of the peripheral edge of the
fascia extending to the edge of the wheel allows for the fascia to extend radially beyond
the rim due to tolerance variations presumes that one of ordinary skill in the art would
design the wheel assembly disclosed by Todd with tolerance margins which permit
such. Even assuming that Todd’s disclosure would convey to one of ordinary skill in the
art that the wheel assembly should be manufactured with tolerances that permit the
fascia to extend radially beyond the edge of the wheel, Todd explicitly discloses a wheel
assembly wherein the peripheral edge 34 of the fascia extends to the edge of the wheel.
As such, the explicit instruction of Todd is to manufacture a wheel assembly which
meets the claim limitation at issue. That, in the real world of manufacturing, one of
ordinary skill in the art following the teachings of Todd might manufacture some wheel
assemblies wherein the peripheral edge 34 of the fascia falls slightly within the
peripheral edge of the wheel, some wherein the peripheral edge 34 of the fascia
extends precisely to the edge of the wheel and still others wherein the peripheral edge
34 extends somewhat beyond the edge of the wheel, the first two groups falling within
the scope of the claim and the third group falling outside the scope of the claim, in no
way negates the fact that the wheel assembly disclosed by Todd meets the claim
limitation.
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