Ex parte CUSHING - Page 6

                 Appeal No. 96-2476                                                                                                                     
                 Application 07/890,785                                                                                                                 

                 in the reference rotates about two axes whereas the claim                                                                              
                 requires that it be "constrained for rotation about only a                                                                             
                 first axis" (emphasis added).  The examiner's reply to this                                                                            
                 assertion is that the Liberkowski wheel pivots, but does not                                                                           
                 rotate, about the second axis.  We agree with the appellant                                                                            
                 and therefore will not sustain the rejection of this claim or                                                                          
                 of those that depend from it.                                                                                                          
                          While one might dwell upon intricacies of the definitions                                                                     
                 of the verbs "rotate" and "pivot" in order to make a case for                                                                          
                 them being different, a reasonable view is that there is an                                                                            
                 overlap.  That is, to rotate an object is to turn it around an                                                                         
                 axis, which is defined as a line about which a rotating body                                                                           
                 turns, and to pivot an object is to turn it about a pivot,                                                                             
                 which is defined as a point around which an object rotates or                                                                          
                 oscillates.   From our perspective, therefore, the wheel of2                                                                                                                  
                 the Liberkowski skate is rotatable about a first axis Z1-Z1                                                                            
                 and a second axis X-X                                                                                                                  

                          2  See The Random House College Dictionary, Revised                                                                           
                 Edition, 1980, pages 95, 1013, and 1148.                                                                                               


Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007