Appeal No. 96-4017
Application 08/217,544
We understand the recitation in the last clause of
claim 1 to be directed to this advantage of the claimed invention
and construe it accordingly. Thus, for purposes of this appeal,
the last clause of the claim is understood as --- said body
member being substantially aligned with the plane of the steering
wheel and not canted into the passenger carrying region when the
antitheft device is attached to the steering wheel, thus pre-
venting a rider from colliding with the elongated body member
when entering the vehicle ---.2
In reaching our decision in this appeal, we have given
careful consideration to appellant's specification and claims, to
the applied prior art references, and to the respective positions
articulated by appellant and the examiner. As a consequence of
this review, we have made the determination that the examiner's
rejection of appealed claim 1 under 35 U.S.C. § 103 cannot be
sustained. Our reasons follow.
2We, however, leave the exact wording of any clarifying
amendment to the last clause of claim 1 to the examiner and
appellant during any further prosecution of the application.
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