Appeal 2007-2558
Application 10/205,948
Appellants contend that “Figs. 2-3 show the ‘peripheral edge spaced
radially outward’ is circumferential or perimetric, which is clearly not true
for the edge of the fixed member of Knoepfler” (Br. 4). They argue that the
term “peripheral” means “‘constituting an outer boundary or periphery’”
(Br. 5). “[T]his meaning is the only one compatible with the invention as
shown in Figs. 2-3. Therefore, Applicants submit the skilled [worker] would
find the use of ‘peripheral’ in the present claims to be clear and distinct over
Knoepfler” (Br. 5).
We do not find this argument persuasive. As pointed out by the
Examiner, the terms “circumferential” and “perimetric” are not recited in the
claims (Answer 6-7). Relying on the same definition of “peripheral”
adopted by Appellants, the Examiner found, and we agree, that the teeth 50-
52 described by Knoepfler are located on the outer edge of the jaw
(Knoepfler, col. 4, ll. 18-20, Fig. 3; FF 8; Answer 8), thus satisfying the
limitation in claims 1 and 7 of a “peripheral edge.” To the extent that Figs. 2
and 3 of the Specification show an arrangement that is different from
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