Appeal 2006-2744
Application 09/664,794
Patent 5,584,962
connected such that the upper frame is inherently capable of manual
movement between opened and closed positions (Figs. 11-12; col. 9, l. 28-
col. 11, l. 63). Also, the cooperating pressure applying structures of claim
36 appear to be satisfied by the Figure 11 disclosure of cooperating pressure
and heating rollers 10a, 10b (id.). Similarly, the previously discussed claim
36 limitations of lower and upper shell portions appear to be satisfied by the
lower frame 100b and upper frame 100a of the prior art apparatus described
by Matsuo since these frames are pivotally connected whereby the upper
frame is inherently capable of manual movement between opened and closed
positions (Figs. 17-18; col. 1, l. 22-col. 2, l. 59). The claim 36 limitations
regarding cooperating pressure applying structures appear to be satisfied by
the pressure and heat rollers 103a, 103b of this prior art apparatus (id.).
Concerning independent method claim 47, Matsuo does not expressly
disclose manually engaging the upper frame of the Figs. 11-12 embodiment
or the Figs. 17-18 prior art apparatus and lifting the upper frame to an
opened position as required by the here claimed method. Significantly,
Appellants’ Specification also does not expressly disclose the manually
engaging step of claim 47, and the May 16, 2001 Amendment of claim 47
which added this step does not assert that the Specification contains such
express disclosure. Apparently, notwithstanding the lack of express
disclosure, Appellants believe that an artisan would appreciate the upper
outer shell portion is moved to an opened position by manual engagement,
and likewise it seems appropriate to find that an artisan would appreciate the
upper frame of Matsuo's Figs. 11-12 and 17-18 is moveable to an opened
position by manual engagement notwithstanding the lack of express
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