Ex parte SCHMIDT et al. - Page 3




          Appeal No. 96-1419                                                          
          Application 08/081,971                                                      


          enable a mirror support rod (26) to be positioned in a bore (68)            
          between two bore-defining clamping portions of the base member.             



               Independent claim 1 is directed to a vehicular mirror                  
          mounting bracket, independent claim 8 is directed to a mirror               
          apparatus and independent claim 12, the only other independent              
          claim on appeal, is directed to a mirror mounting assembly.                 
          Appealed claims 1 and 12 are limited to elements of the bracket             
          itself whereas appealed claim 8 recites the combination of the              
          bracket, the support rod and the mirror attached to the support             
          rod.                                                                        
               In appealed claim 1, appellants have chosen to recite in the           
          present tense that each of the two mounting surfaces of the                 
          bracket “abuts against and overlies a portion of the vehicle”               
          rather than merely reciting that the mounting surfaces are                  
          adapted to abut and overlie a portion of the vehicle. In claim              
          12, the mounting plate is recited as actually “being mounted                
          inside the passenger compartment” rather than merely reciting               
          that the mounting plate is adapted to mounted inside the                    
          passenger compartment. As such, claims 1 and 12 define the                  
          invention as if the bracket is mounted in place on the vehicle              

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