Ex parte GILLESPIE - Page 5




                     Appeal No. 2000-0504                                                                                                                                              
                     Application 08/799,898                                                                                                                                            


                     A detailed explanation of these actions follows.                                                                                                                  
                                Turning first to the rejection of claims 1 through 3                                                                                                   
                     under 35 U.S.C. § 112, second paragraph, we are not in                                                                                                            
                     agreement with the examiner that the metes and bounds of the                                                                                                      
                     invention cannot be determined with specificity.  It is clear                                                                                                     
                     to us that claim 1 is directed to an apparatus for                                                                                                                
                     stabilizing, and the object to be                                                                                                                                 
                     stabilized is merely recited in the body of the claim.  We                                                                                                        
                     agree with the appellant that the claim can clearly be                                                                                                            
                     understood as directed to a subcombination.                                                                                                                       
                                With respect to the § 102 rejection of claims 1 through 3                                                                                              
                     as anticipated by Jones, we agree with the examiner’s finding                                                                                                     
                     that Jones discloses a mounting means plate 7, bracket 4, and                                                                                                     
                     arm 1 and a means for attaching, arms and clamp 2,3,10.  We                                                                                                       
                     further agree that the mounting means has a single axis                                                                                                           
                     extending outwardly from a fixed position and that the object,                                                                                                    
                     the lamp socket, is vertically mountable with respect to the                                                                                                      
                     axis and the surface.                        2                                                                                                                    

                                2Neither the appellant, nor the examiner has raised the                                                                                                
                     issue of the interpretation of the “means for” limitations in                                                                                                     
                     the rejected claims.  The means for mounting in claim 1 has                                                                                                       
                     been construed as an arm such as arm 22/23 as disclosed in the                                                                                                    
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