Appeal No. 95-2768
Application 08/019,700
for failure to comply with the written description requirement of
the first paragraph of 35 USC § 112. In particular, we find no
disclosure in the application as filed to support the recitation
in these claims that the cradle is ?rotatable about the axis? of
?the supporting arm? (claim 28), or of ?its respective supporting
arm? (claim 29).
In the apparatus disclosed, each cradle 90 is mounted on a
supporting arm 21 or 21'. The supporting arm passes through a
through-hole 96 in the base 92 of each cradle, making ?a snug
frictional fit with the hole 96, so the cradle 90 can be slid
along the supporting arm and then be held in position by
friction? (page 10, lines 9 to 11). The specification then
continues at page 10, lines 12 to 18 (emphasis added):
A wall of the through-hole 96 includes a
projection 98 which is received in a
longitudinal channel 100 formed in an outer
surface of the supporting arm 21 (or 21').
The projection tends to retain the cradle in
a prescribed circumferential position on the
supporting arm, so that a bicycle-receiving
surface 102 of the cradle faces upwardly.
Thus, rather than describing apparatus in which the cradle can
rotate about the supporting arm, the specification discloses an
arrangement in which such rotation of the cradle is prevented
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007