Ex parte JOHANSSON - Page 6




                     Appeal No. 97-2713                                                                                                                                                
                     Application 08/373,069                                                                                                                                            


                     pontoon hull and a reference point on the above water unit 32,                                                                                                    
                     such as the lower left hand corner of the above-water unit 32                                                                                                     
                     as viewed from Figures 3 and 4, increases as the left hand                                                                                                        
                     pontoon hull is moved from the position shown in Figure 3 to                                                                                                      
                     the position shown in Figure 4. Conversely, this linear                                                                                                           
                     distance is reduced as the left hand pontoon hull is moved                                                                                                        
                     from the position shown in Figure 4 to the position shown in                                                                                                      
                     Figure 3. Thus, when the claim language is given its broadest                                                                                                     
                     reasonable interpretation (See In re Zletz, 893 F.2d 319, 321,                                                                                                    
                     13 USPQ2d 1320, 1322 (Fed. Cir. 1989)) without reading                                                                                                            
                     limitations from the specification into the claim (See Sjolund                                                                                                    
                     v. Musland, 847 F.2d 1573, 1582, 6 USPQ2d 2020, 2027 (Fed.                                                                                                        
                     Cir. 1988)), the recitation of the claimed                                                                                                                        







                     moving means does not distinguish from Barkley’s hydraulic                                                                                                        
                     rams 58 and associated structure.2                                                                                                                                

                                2    With regard to the claimed moving means, appellant has neither asserted nor                                                                       
                     shown that, with respect to the sixth paragraph in 35 U.S.C. § 112, the Barkley                                                                                   
                                                                                          6                                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007