Appeal 2007-0870
Reissue Application 09/902,904
Patent 6,038,784
(i) As to the limitation that "said entire peg is positioned adjacent to
said upper face for storage and packaging of said apparatus" recited in
claims 2, 4, 9, and 22, we interpret "adjacent to" to mean "near to." Indeed,
it appears that approximately half the length of pegs 18 are above the upper
face 16 of tray 12 in the embodiment of the invention depicted in Fig. 2 of
Appellants' Reissue Application. Therefore, a broad interpretation of
"adjacent to" is not inconsistent with Fig. 2 of Appellants' Reissue
Application. Thus, a peg that is entirely near to the upper surface of a tray
when the peg is in its collapsed position for storage as described by Slipp
(see Fig. 4) satisfies the claim limitation that "said entire peg is positioned
adjacent to said upper face for storage and packaging of said apparatus."
Based on the foregoing, we find the limitation that "said entire peg is
positioned adjacent to said upper face for storage and packaging of said
apparatus" as recited in claims 2, 4, 9, and 22 is disclosed in Slipp.
(ii) As to the limitation that "said pegs are mounted to said tray in
such a manner that no standing water may collect at a point where a peg is
mounted, thereby minimizing potential for mold and bacterial growth"
recited in claim 2, we find the claim language clear on its face. Claim 2 is
open to any structural means of mounting the pegs to the tray to avoid
standing water collecting at the point where the peg is mounted. The trough
in Slipp is provided for the express purpose of draining water away from
articles supported by the pegs mounted the horizontal bar above the trough
(p. 1, ll. 49-51; p. 2, ll. 12-16; Fig. 3).
Appellants have not pointed to, and we do not find, any disclosure in
their Reissue Application limiting the claimed invention to a specific
17
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: September 9, 2013