Appeal 2007-1922
Application 10/051,200
abnormally,” or “to fill with air.”3 Accordingly, giving this word its
broadest reasonable meaning in light of the Specification, we construe the
claimed word “inflated” to mean that the solid molded product is expanded,
distorted, or filled with air or gas to aid in removal from the mold.
In view of our claim construction above, we determine that the
teachings of Alieri read on or encompass the “inflated” step of claim 8 on
appeal, namely that, to at least some minor extent, the cap or closure of the
reference is expanded, distorted, and filled with air. See factual finding (2)
listed above, where Alieri teaches that the apparatus “send[s] compressed air
inside the cap” (thus filling the cap with air), and the feeding of compressed
air “inflates” the cap by partially spacing the thread C from the portion 9,
thus distorting or expanding the cap (Alieri, col. 6, ll. 52-60; Answer 4).
We also determine that the Examiner has set forth a reasoned explicit
analysis of why Cole and Alieri are properly combined (Office action dated
Jul. 26, 2005, pages 4-5; Answer 4). See KSR Int’l Co. v. Teleflex Inc.,
127 S.Ct. 1727, 1740-41, 82 USPQ2d 1385, 1396 (U.S. 2007). We also note
that the Examiner correctly states that Appellant’s argument concerning the
forcing of the molded product over the core mold is not found in the claim
on appeal (Answer 5).
For the foregoing reasons and those stated in the Answer, we affirm
the Examiner’s rejection of claim 8 under § 103(a) over Cole in view of
Alieri.
3 See Webster’s Third New Int’l Dictionary, 1159, Gove, ed., G. & C.
Merriam Co., 1971.
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