Appeal No. 96-4149
Application 08/276,436
movement of the bracket relative to its supporting structure
to provide a dampening effect "much like the effect of a
spring, shock absorber, or the like" (specification, page 5)
for a given force. Accordingly, we are left to speculate as
to just which combinations of brackets secured to supporting
structures by fasteners with clearance between a bracket
aperture and a fastener would fall within the metes and bounds
of the claims and which would not. Stated differently, while
any bracket and strap restraint arrangement wherein the
bracket is secured to a supporting structure by a fastener
extending through an aperture in the bracket with clearance
would meet the broad structural and step requirements of the
appealed claims, it is not clear which of these restraint
arrangements appellant intends to exclude through the use of
language such as "in such a manner that the bracket can
undergo slight, controlled, movement with relation to the
structure under conditions of stress to the structure" (claim
1) and "in such manner that the structure may move a
controlled amount with relation to the position of the bracket
in a limited, and repeated manner" (claim 4).
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