Ex Parte JOFFE - Page 5




              Appeal No. 1999-2328                                                                Page 5                
              Application No. 08/485,492                                                                                


              of the table elements is recognizable as a magnet in view of the stippling and dashed                     
              lines of force present in the drawings,1 as well as the description of Figure 1 in the                    
              specification as showing a table “incorporating balls or other rotating elements that                     
              operate directly on a magnet surface.”  This being the case, the artisan would have                       
              understood that the drawings depict rolling elements held in place by magnetic force                      
              developed by the magnets.  By virtue of the absence of grooves or the like in the table                   
              surfaces, the artisan further would have understood that the balls are capable of fully                   
              rolling motion along both table members.  Figures 2 and 4 show that at least some of                      
              the rolling elements roll along the magnets.  These conclusions are reinforced by the                     
              description of this general type of apparatus presented in the appellant’s U.S. Patent                    
              No. 5,407,519, which was cited on page 5 of the present specification, with particular                    
              reference to Figures 7-11 thereof.  In the final analysis, the structure and operation of                 
              apparatus of this general type would have been within the knowledge that should be                        
              accorded to one of ordinary skill in the art at the time the appellant’s present application              
              was filed.                                                                                                
                     Claim 6 recites that a first one of the members defines a pair of interfaces, each                 
              being shaped and oriented for constraining relative movement between the members                          
              with respect to at least one direction of motion, and a second member shaped and                          


                     1Like the appellant, we note that the magnetic elements (17) in all of the other embodiments of the
              appellant’s invention are depicted in this same manner.                                                   






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