Ex Parte Collins - Page 6




          Appeal No. 2005-0832                                                         
          Application 10/039,015                                                       

          Claims 11-15                                                                 
               The disputed portion of claim 11 recites "providing a                   
          resiliently biased follower to ride in said track and to control             
          the position of said antenna as it moves between retracted and               
          extended positions" (emphasis added).                                        
               Appellant's specification describes that the catch end 36a              
          moves in a "groove" 44 in the edge of the traveler (spec. at 6)              
          whereas the traveler 20 is described to have a U-shaped housing              
          30 with a cantilevered, L-shaped resilient arm 30 on each side of            
          a "track" 28 (spec. at 5).  We interpret the claimed "track" to              
          actually refer to the described "groove."  Compare claim 1 where             
          the claimed "track" refers to the disclosed "track."  The                    
          limitation that the "resiliently based follower" acts to "control            
          the position of said antenna as it moves between retracted and               
          extended position" seems misdescriptive inasmuch as the follower             
          ("catch") only retains the antenna in the retracted position and             
          does not appear to "control the position of said antenna as it               
          moves between retracted and extended position" (emphasis added).             
               The cam follower 104 in Johnson corresponds to the                      
          "follower" in claim 11, but it is not disclosed as being                     
          "resiliently biased."  We agree with the examiner that one                   
          skilled in the art would have been motivated to make the cam                 
          follower 104 in Johnson "resiliently biased" given the teaching              
          in Ishida that cam followers in locking mechanisms can be spring             

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