Appeal No. 97-1079
Application 08/562,471
may be inserted through the apertures in the spaced parallel arms
and the central portion of the U-shaped frame in order to retain
the frame in a desired position. The U-shaped frame may be
angularly adjusted by (1) removing the pin from the apparatus,
(2) manually grasping the frame, (3) manually supporting (at
least against lateral movement as depicted in Fig. 8) and
simultaneously angularly adjusting the position of the frame and
(4) reinserting the pin through either the same or different
apertures in the arms and through different apertures in the
central portion of the U-shaped frame. It is thus readily
apparent that in the appellant’s device a clearly defined pivot
axis (that is always constrained to be positioned at a fixed
location) is provided by the coaxial members 82 and 108 whereas
in Kummerlin any axis of rotation is at least in part defined by
the hand of the hand of a user (and thus is not necessarily
always constrained to be positioned at a fixed location). In our
view the artisan, consistent with the appellant’s specification,
would not construe the arrangement of Kummerlin to fairly teach a
U-shaped frame that is “pivotally mounted” on a supporting frame
so as to be “pivotable about a pivot axis relative to said
supporting frame” as set forth in independent claim 1.
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