Appeal 2007-1391
Application 10/875.047
As correctly pointed out by the Appellant, the term “groove” recited
in claim 1 does not include Gatti’s apertures. (Br. 15). The channel or
depression in a surface referred to in the Brief is not a hole or an aperture.
This interpretation is supported by the dictionaries relied upon by the
Appellant at page 15 of the Brief and is consistent with the application
drawings and the written description in the Specification. Moreover, Gatti’s
apertures are not shown to be in the “interior of a circumferential surface of
said ring…extending from a forward surface of said valve [sic., ring] toward
said rear surface” as required by claim 1. Therefore, we determine that the
Examiner has not demonstrated that Gatti’s apertures correspond to the
claimed grooves within the meaning of 35 U.S.C. § 102(b).
CONCLUSION
For the foregoing reasons, we reverse the Examiner’s decision
rejecting claims 1 and 2 under § 102(b).
REVERSED
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HUSKY INJECTION MOLDING SYSTEM, LTD
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BOLTON, ON L7E 5S5 CANADA
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