Ex parte BENENOWSKI et al. - Page 9




          Appeal No.  1997-1506                                       Page 9           
          Application No. 08/442,413                                                   


          opinion that the appellants' original disclosure is sufficient               
          to support "a device by which opposing forces are applied to                 
          said lever element" in claim 15.4                                            
               Accordingly, we shall not sustain the examiner's                        
          rejection of claim 15 under 35 U.S.C. § 112, first paragraph,                
          as lacking support in the appellants' original disclosure.                   
               Our conclusion is the opposite, however, with regard to                 
          the examiner's rejection of claim 11.  The examiner asserts                  
          that the appellants' original disclosure lacks support for the               
          spindle driven arrangement being “for generating a pair of                   
          opposing forces”  (answer, page 6).  While the appellants'5                                                            
          original disclosure (specification, pages 4 and 8) provides                  
          support for a spindle drive to effect a force coupling between               
          the free end (38) of the bendable support (34) and the support               
          (16), we find nothing in the original disclosure which would                 
          have reasonably conveyed that the spindle drive arrangement                  
          itself generates a “pair of opposing forces.”                                


               4In reaching this conclusion, we note that we consider "device" to be   
          sufficiently broad to encompass either a single actuator or multiple         
          actuators.                                                                   
               5This language was added by amendment in Paper No. 9.                   







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