Appeal No. 98-2152
Application No. 08/638,429
force" (independent claim 16). Apparently, the examiner
believes that Bakke can be considered to have an adjustable
spring force and a means for adjusting a spring force because
the stop plate 31 is biased toward the table by springs 35,
and the force of the spring "changes with changing spring
length." In Bakke, however, the springs 35 only bias the stop
plate 31 toward the table a very short distance in order to
accommodate any unevenness in the table top (see page 2, lines
14-50) and any change in the force of the spring would, at the
most, be minuscule. Terms in a claim should be construed in a
manner consistent with the specification and construed as
those skilled in the art would construe them (see In re Bond,
910 F.2d 831, 833, 15 USPQ2d 1566, 1567 (Fed. Cir. 1990),
Specialty Composites v. Cabot Corp., 845 F.2d 981, 986, 6
USPQ2d 1601, 1604 (Fed. Cir. 1988) and In re Sneed, 710 F.2d
1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983)). Here, we can
think of no circumstances under which the artisan, consistent
with the appellants' specification, would construe the small
movement of Bakke's springs to provide an adjustable spring
force as set forth in independent claim 5, much less a means
5
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