Appeal 2006-1675
Application 10/415,798
II. 35 U.S.C. § 112, Second Paragraph Concerns
Independent claim 9 recites “the stranded wire (6, 6’) comprising a
plurality of filament wires (9, 9’) which are, at most, only loosely twisted
together.”
There is a conflict in the record as to what is being twisted that
frustrates an attempt to provide a reasonable interpretation of the claimed
subject matter consistent with the Specification and drawing. According to
independent claim 9, the filament wires (9, 9’) are “loosely twisted
together.” In contrast, page 3 of the Specification, as amended on August
20, 2004, discloses: “As shown in Figure 2, the stranded wire (6, 6’) is
twisted only loosely.” On the other hand, Figure 2 shows subunits of
twisted filaments with these subunits also being twisted to form a twisted
strand. Appellant furthers this frustration in their discussion in the Brief of
the claim limitation “at most, only loosely twisted” by first stating that there
are “small gaps between the filament wires (9, 9’)” (Br. 8) and subsequently
indicating that the gaps “exist . . . between the strands” (id.). Thus, the
record is inconsistent as to whether the filaments, the strand(s) or both are
“loosely twisted.” In light of this inconsistency, there is a possible violation
under § 112, second paragraph, that the Examiner needs to address and
resolve on the written record.
In response to this Remand, the Examiner must address and resolve on
the written record of this application whether the claim language “at most,
only loosely twisted” refers to the filament wires, the strand wire or both and
whether the claim language complies with the second paragraph
requirements of § 112.
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