Ex parte PALUSIS et al. - Page 6




          Appeal No. 99-0650                                                          
          Application 08/726,978                                                      


          spring that is formed to be circular in plan and cross section              
          (as shown)” (specification, page 7).  As with the examiner’s                
          position with respect to the resilient means limitation of                  
          claim 1, the examiner contention here that the springs 4                    
          and/or 19 of French ‘899 respond to the resilient means                     
          limitation of claim 2 once again is based on an improper and                
          strained reading to the claim language in question.  In our                 
          view, one of ordinary skill in the art would not consider the               
          axially spaced helical springs 4 and/or 19 of French ‘899 as                
          corresponding to the requirement of claim 2 that the springs                
          comprise a plurality of resilient annular spring arranged in a              
          stack, especially when appellants’ claim language is read in                
          light of the underlying specification.  Accordingly, we will                
          not sustain the standing § 102 rejection of claim 2, or claim               
          3 that depends therefrom, as being anticipated by French ‘899.              
               We reach an opposite conclusion with respect to the                    
          anticipation rejection of claim 8, which more broadly claims                
          the resilient means.  French ‘899 discloses a composite                     
          structure comprising two sheets 9, 23 held together by a                    
          fastener inserted through a bore in each sheet, with the                    


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