Appeal No. 97-2902
Application No. 08/170,332
ground to a point that is defined by the intersection of a
line which runs perpendicular to the ground from the point of
tangency of a wheel opposite the wheel coupled by the swinging
arm
and a line extending substantially parallel to the
ground at the height of the center of gravity of the
vehicle and rider assembly in a position of positive
and negative acceleration in a horizontal direction.
The relationship between the swinging arm and the various
lines is shown in Figure 2 of the drawings and accompanying
explanation in the specification. As discussed below, this
has been amplified by the Briefs and the exhibits that
accompanied them.
It is the examiner’s position that certain language in
the three independent claims fails to conform to the second
paragraph of 35 U.S.C. § 112, in that the claims therefore are
indefinite. The examiner explains on page 4 of the Answer
that
[t]he sole issue presented on this appeal is whether
Appellant may rely upon the center of gravity of a
“vehicle and rider assembly” to define the present
invention. More particularly, the issue is whether
Appellant may rely upon the center of gravity of a
rider of the vehicle to particularly point out and
distinctly claim the subject matter which applicant
regards as the invention.
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