Ex parte OSTERBERG et al. - Page 5




          Appeal No. 2001-0472                                       Page 5           
          Application No. 09/153,951                                                  


               We find ourselves in agreement with the position of the                
          examiner that the above-noted phrase is not inherent from the               
          original disclosure.  While the claimed grooves are inherently              
          "less than the first length" for the reasons set forth by the               
          appellants, the claimed grooves are not inherently "at least                
          one half of the predetermined length" for the reasons set                   
          forth by the examiner.  In that regard, it is our                           
          determination that Figure 2 shows that the relative movement                
          between the moveable mass 110 and the cylindrical surface 112               
          is not limited to the distance the mass can move when the                   
          balls move from one end of their respective groove to the                   
          other end of their respective groove.  That is, the mass can                
          still move after the balls have reached either end of their                 
          respective grooves.  Thus, we find that the claimed grooves                 
          are not inherently "at least one half of the predetermined                  
          length."                                                                    


               For the reasons set forth above, the decision of the                   
          examiner to reject claim 22 under 35 U.S.C. § 112, first                    
          paragraph, is affirmed.                                                     









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