Appeal No. 2001-1898
Application No. 08/835,945
but only that the claims "read on" something disclosed in the
reference. Id.
The Fox patent discloses a universal joint which includes a
pin 10 positioned in a bore through fork 5. Another pin 12
passes through a bore in the center of pin 10, which is secured
to fork arms 7 by set screws 14 in holes 16. The examiner takes
the position that claims 47 to 56 are anticipated by Fox in that
pin 10 corresponds to the bar recited in these claims. We do not
agree. Independent claims 47 and 52 both require that the bar be
"attachable to the object by a removable threaded fastener . . .
axially disposed in the hollow post or pipe." Assuming that
Fox's fork 5 might be considered the hollow post or pipe, and
item 9 corresponds to the "object," it is not evident how the
quoted "attachable" limitation is met, since there is no threaded
fastener axially disposed in fork 5. While the object and the
hollow post or pipe are not positively recited as part of the
claimed apparatus, limitations concerning the relationship of the
bar to them cannot be ignored. Cf. In re Attwood, 354 F.2d 365,
374, 148 USPQ 203, 210-11 (CCPA 1966) with In re Collier,
397 F.2d 1003, 1006, 158 USPQ 266, 268 (CCPA 1968).
We likewise do not consider that claims 47 and 52 are
anticipated by Guthrie. While bar (element) 26 has an axial bore
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007