Ex parte BORGES et al. - Page 5




          Appeal No. 2000-1634                                       Page 5           
          Application No. 09/093,279                                                  


          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).                       


               Claim 1, the sole independent claim on appeal, reads as                
          follows:                                                                    
                    A spherical clevis assembly comprising:                           
                    a) a generally U-shaped member having two generally               
               parallel opposing arms and a base;                                     
                    b) two opposing inwardly disposed mounting members                
               each having a spherical portion situated in, extending                 
               inwardly from, and arcuately movable within a respective               
               aperture structure of the respective parallel arm of the               
               U-shaped member, wherein each aperture structure has a                 
               sidewall-defined entry of a diameter less than an                      
               adjacent curvature of the spherical portion of the                     
               mounting member such that said spherical portion rides                 
               upon said sidewall defined entry to thereby be arcuately               
               movable in axes in accord with the adjacent curvature of               
               said spherical portion; and                                            
                    c) a releasable pin member extending between the                  
               mounting members.                                                      


               Before addressing the examiner's rejection of claim 1, it              
          is an essential prerequisite that the claimed subject matter                
          be fully understood.  Analysis of whether a claim is                        
          patentable over the prior art under 35 U.S.C. §§ 102 and 103                
          begins with a determination of the scope of the claim.  The                 
          properly interpreted claim must then be compared with the                   








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