Ex parte PALUSIS et al. - Page 5




          Appeal No. 99-0650                                                          
          Application 08/726,978                                                      


          circumferential array for placement about the shank portion of              
          the bolt.  The examiner contends that the springs 4 and 19 of               
          French ‘899 respond to this claim limitation; however, we do                
          not agree.  From our perspective, the examiner’s position                   
          constitutes an improper and strained reading of the claim                   
          language, especially when that language read in light of                    
          appellant’s disclosure.  While springs 5 and 19 of French ‘899              
          certainly constitute a plurality of springs, they are not                   
          collectively circumferentially disposed about the shank                     
          portion of the bolt.  Rather, they are axially disposed along               
          the shank.  In light of the above, we will not sustain the                  
          standing § 102 rejection of claim 1 as being anticipated by                 
          French ‘899.                                                                
               Independent claim 2 is directed to the Figure 3                        
          embodiment of appellants’ invention and calls for resilient                 
          means in the form of “a plurality of[] resilient annular                    
          springs in a stack that extends between the ends of the                     
          journal” (emphasis added).  According to appellants’                        
          disclosure, “[t]hese springs 42, appearing as small, hollow,                
          metal o-rings, are actually made of a tightly wound helical                 


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