Ex parte KELLEY - Page 5




          Appeal No. 97-4079                                                          
          Application No. 08/310,592                                                  


          "one can comprise a system of pinion and spur gears for                     
          transmitting motion and power wherein both are comprised of                 
          polyketone polymer" (page 7, lines 5-7).  Appellant goes on to              
          state that "[i]t is this aspect of the invention comprising a               
          system of means for transmitting power and motion in which two              
          such means are in direct communication with each other that is              
          most extraordinary" (page 7, line 12-14).  See, also, page 8,               
          lines 1-6.  The specification also contains test results                    
          comparing two polyketone gears in direct communication with                 
          each other to a first pair of gears made of nylon and to a                  
          second pair of gears made of an acetal copolymer (pages 11-                 
          14).                                                                        
               Based on the description of the first and second means in              
          the appellant's specification, we conclude that the phrase                  
          "said first means . . . communicates power and motion to said               
          second means" requires direct communication between the first               
          and second means.  This interpretation of the language found                
          in claim 1 is consistent with the appellant's description of                
          the invention in his brief (brief, page 2) and with the                     
          appellant's arguments (brief, pages 3-6).                                   



                                         -5-                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007