Appeal No. 1998-1454 Page 9
Application No. 08/422,840
impart structural limitations to the claimed cranking device
in that, to satisfy these limitations, a device must be
capable of permitting the function or action called for in the
term; however, it is not necessary that the device actually
perform the function in question or be used in such a manner
that the function is performed thereon. For example, the4
language "selectively engageable with an end of the crankable
shaft of the winch" limits the structure of the cranking
device such that it is constructed and configured so as to
permit the engagement member to engage an end of a shaft of a
winch.
For the foregoing reasons, we shall not sustain the
examiner's rejection of claims 1 through 20 under 35 U.S.C.
§ 112, second paragraph.
4See, e.g, In re Venezia, 530 F.2d 956, 958-59, 189 USPQ 149, 152 (CCPA
1976) (Claims directed to a "kit" of components, which may or may not be
assembled in the future, and defining the structures of the components in
terms of the interrelationships or attributes they must possess in the
completed assembly, if assembled, complied with 35 U.S.C. § 112, second
paragraph.).
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