Appeal No. 98-2152
Application No. 08/638,429
for adjusting a spring force as set forth in independent claim
16.
As to construction #3, the examiner has identified the
elements 18, 32, 31, 40 and 41 of Bakke as corresponding to
the claimed hold-downer. However, for the reasons stated
above with respect to construction #2, the stop plate 31
cannot be considered to be disposed or spaced above the table
as expressly required by independent claims 5 and 16.
Moreover, even if the spring 28 and adjustable nut 26 of Bakke
are broadly considered to provide an adjustable spring force
(see independent claim 5) and a means for adjusting a spring
force (see independent claim 16), this spring force does not
bear "against" the supporting plate 32, the spring guide 40
and the adjusting plate 41. Since Bakke does not disclose
every feature of the claimed invention, either explicitly or
inherently, we will not sustain the rejection of claims 5-11,
15 and 16 under 35 U.S.C. § 102(b) as being anticipated by
Bakke.
The decision of the examiner is reversed.
REVERSED
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