Appeal No. 1999-1502
Application 08/600,060
explicitly or inherently”. In re Schreiber, 128 F.3d 1473,
1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
The axis of the pivots 24 of De Lisle is shown as being
horizontal (i.e., parallel to the floor). However, the
examiner
takes the position that the De Lisle axis is “upright-
oriented” because (answer, pages 5 and 6):
the upright-oriented pivot axis
is considered to perpendicular to
the paper. In a 3-dimensional
plane, the examiner has defined
the
upright-oriented pivot axis [of
De Lisle] to be the Z-axis which
comes out of the paper and toward
the reader. The Y-axis is
vertical and the X-axis is
horizonal [sic] from left to
right of the paper. Therefore,
the examiner has interpreted the
pivot means (24) to enable
drawing board 11 to pivot in a
substantially horizontal
direction with respect to the
Z-axis or upright-oriented axis
(see Figure 1).
Since the Appellant [sic]
has not positively defined the
upright-oriented pivot axis with
respect to the other structural
elements in the claim
limitations, the examiner can
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