Appeal No. 1999-2264
Application No. 08/549,074
application satisfies the utility requirement of § 101 are
closely related. In re Swartz, 232 F.3d 862, 863, 56 USPQ2d
1703, 1704 (Fed. Cir. 2000).
The instant application discloses a mechanism for raising
and lowering the convertible top of a vehicle. A hollow piston
rod 2 having a piston 5 at its center is fastened at both ends to
convertible top bearing 1. A cylinder 3 (also 6) is slidable on
the piston rod and connected at its end 7 with top drive lever 8.
As disclosed at page 4, lines 18 to 20, “oil is conducted under
pressure through holes 9 in the piston rod 2 into the respective
cylinder of the working cylinder 3.” Supplying oil into the left
end 4 of the piston causes the cylinder 3 to slide on the piston
rod, moving the top from the closed position (Fig. 1A) to the
fully-open position (Fig. 1C) (page 5, lines 12 to 15).3
The examiner notes, and correctly so, that no structure is
disclosed whereby the oil in the piston rod 2 can cause movement
of the cylinder 6. Appellants argue at pages 8 to 10 of the
3
3At page 5, lines 16 to 22, it is stated that the top is
opened by supplying oil through the right end of the piston rod,
to displace the cylinder rightwardly, and closed by applying oil
through the left end of the piston rod, displacing the cylinder
leftwardly. These directions are contrary both to the disclosure
on page 5, lines 12 to 15, and to the showing in the drawings,
and should be corrected in subsequent prosection.
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007