Ex parte VROLYKS - Page 4




          Appeal No. 97-1079                                                          
          Application 08/562,471                                                      



          independent claim 1.  Terms in a claim should be interpreted in a           
          manner consistent with the specification and construed as those             
          skilled in the art would construe them (see In re Bond, 910 F.2d            
          831, 833, 15 USPQ2d 1566, 1567 (Fed. Cir. 1990), Specialty                  
          Composites v. Cabot Corp., 845 F.2d 981, 986, 6 USPQ2d 1601, 1604           
          (Fed. Cir. 1988) and In re Sneed, 710 F.2d 1544, 1548, 218 USPQ             
          385, 388 (Fed. Cir. 1983)).  Here, the appellant's specification            
          teaches that the supporting frame is provided with a hollow tube            
          82 and that the U-shaped frame is provided with a main central              
          support tube 108 that is coaxially received within the hollow               
          tube 82, which arrangement allows “pivoting of the main support             
          108 [and hence the U-shaped frame] from the dotted line position            
          to the solid line position shown in Figure 6" (page 15, lines 20            
          and 21).   In Kummerlin, however, the U-shaped frame 112 is2                                                                   
          mounted between spaced parallel arms 103'.  Both the central                
          portion of the U-shaped frame and the spaced parallel arms are              
          provided with spaced apertures and a pin 121 is provided which              


               We observe that in Fig. 5 the portion of the member 108 which is2                                                                     
          illustrated as crossing the side rails 74, 76 of the ladder with hidden or  
          dashed lines should, instead, be illustrated with solid lines.  We also     
          observe that in Fig. 6 that portion of the U-shaped member which is         
          illustrated as crossing the side rail 76 of the ladder with solid lines     
          should, instead, be illustrated with hidden or dashed lines.                
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