Ex parte TYGAR et al. - Page 5




          Appeal No. 2001-2639                                       Page 5           
          Application No. 09/386,753                                                  


               [t]he support means may be in the form of an                           
               elastomeric annular ring, a plurality of                               
               circumferentially spaced apart pins, elastic                           
               fingers, ramps, or the like, any one of which is                       
               characterized in centering a ball on the centerline                    
               of the bore and holding the ball in place [page 2].                    

          Thus, we conclude that the “support means ...” recited in                   
          claims 1 and 7 requires structure in the bore of the barrel                 
          which radially supports and centers the ball on the centerline              
          (central longitudinal axis) of the bore and holds the ball in               
          place.                                                                      
                                    Rejection (1)                                     
               In relying on Lake to reject claim 1 under 35 U.S.C. §                 
          103, the examiner identifies the cup v and stud w (Figure 2)                
          as the structure which responds to the “support means” of                   
          claim 1.  Like appellants, we recognize that the cup and stud               
          are incapable of supporting and centering the ball without the              
          strap r.  From our perspective, the structure (the cup, stud                
          and strap of Figures 1-4 or the strap in Figure 5) which                    
          performs the supporting function cannot reasonably be                       
          considered to be between the compressed air source P and                    
          associated tubing and the breech closure S which respond                    








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