Appeal No. 2005-2531
Application No. 10/148,759
420) are the same as depicted in figure 9 but whose upper and
lower borders (when viewed from direction 410) correspond to the
upper and lower borders of apertures 430.
Thus, the figure 9 member includes repeating units which are
spaced (claim 1 does not exclude spaced repeating units) and
which include a nonapertured region extending between adjacent
rows of apertures 430 whose upper and lower borders correspond to
the upper and lower borders of these apertures. Because of this
last mentioned circumstance, the width of the nonapertured region
450 inside these repeating units is constant and is defined by
the width between adjacent row apertures. Due to this constant
width dimension and due to the constant thickness dimension
460 of the figure 9 member, the cross sectional area of the
aforementioned nonapertured region also would be constant and
would be the cross sectional area illustrated in figure 12 of the
appellants’ drawing.
Viewed from this perspective, the member of figures 9-13
necessarily includes a nonapertured region of a repeating unit
which has “the same cross sectional area everywhere along the
repeating unit in a plane that is parallel to the second
direction” as required by the appellants’ independent claim.
Again, this is because independent claim 1, when given its
10
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