Ex parte MICHELSON - Page 7




          Appeal No. 97-2888                                                          
          Application 08/389,077                                                      


               extension plate 220 that receives a hex bolt 215 at                    
               one end and an attach-ment post 222 that projects                      
               perpendicularly from the other end of the extension                    
               plate 220.  The extension plate 220 is flat and fits                   
               closely with the horizontal lower side rods 110, 112                   
               of the side frame members 102, 104.  In order to                       
               loosen and secure the pivoting leg 146, the hex bolt                   
               215 attaches the extension plate 220 of the pivoting                   
               leg 146 to the bottom of the side frame members 102,                   
               104.  The hex bolt may be tightened or loosened by a                   
               hex key K.                                                             
               We can find no specific description of the structure for               
          changing the position of the pivoting legs relative to first                
          and second frame members.  We do not know whether the means                 
          for changing the position of the pivoting legs relative to                  
          first and                                                                   
          second frame members is the hex bolt 215, the hex bolt and the              
          attachment plate 220 or includes additional or different                    
          structure.  For the additional reason set forth above, we                   
          cannot determine the scope of the invention sought to be                    
          patented by claim 1 and its dependent claim 17 with a                       
          reasonable degree of                                                        




          certainty.  Thus, the scope of claims 1 and 17 is not clearly               
          defined.                                                                    
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