Ex Parte Spiess - Page 7



          Appeal No. 2006-1692                                        Παγε 7          
          Application No. 10/068,243                                                  

               The examiner responds (answer, page 8) that the term                   
          “homogenous” was added to the disclosure in the amendment filed             
          March 19, 2003, and that the specification has no description or            
          definition of the term “homogenous.”  It is argued (id.) that by            
          adding the term “homogenous” appellant is attempting to cover               
          more than what was disclosed because “homogenous” could cover a             
          roller with multiple layers of multiple materials, whereas                  
          appellant’s monolithic roller can only be made of a single layer            
          with a single material.                                                     
               In the reply brief, appellant asserts (page 2) that                    
          “Applicant and the Examiner agree that “monolithic” means solid             
          and uniform. This definition is consistent with the term                    
          “homogenous”, which means “of the same or a similar kind or                 
          nature” or “uniform in structure or composition throughout”                 
          Appellant adds (reply brief, pages 2 and 3) that “[a]ccording to            
          binding precedent, “monolithic” and “homogenous”, which can be              
          interpreted as being consistent are to be interpreted as being              
          consistent.”                                                                
               From our review of the specification, we find that the term            
          “homogeneous” does not appear, and agree with the examiner that             
          there is no definition or description of the term in the                    






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