Ex parte STARK - Page 6




             Appeal No. 2000-0511                                                                                     
             Application No. 08/758,343                                                                               


             "adjustable to the size of the article" as required by the claim.  Nevertheless, the gripping            
             assemblies 15, 16 and support portion 11 form a clamping member which is designed to partly              
             surround and grip an article having a relatively large diameter (i.e., greater than the maximum          
             clearance between the gripping assembly 15 and the second gripping element 34 in its operative           
             position) and which is adjustable, by depression of the actuating member 14, to the size of the          
             article, thereby meeting limitation (1) for articles of relatively large diameter.  The second           
             gripping element 34 is movable between an extended (operative) position and a retracted                  
             (inoperative) position independently of the gripping assemblies 15, 16 and support portion 11            
             and, further, is designed to abut and stabilize (by gripping) an article having a relatively small       
             diameter (i.e. sufficiently small to be received between the second gripping element 34 in its           
             operative position and the gripping assembly 15).  However, the second gripping element 34 is            
             not capable of abutting and stabilizing an article of relatively large diameter.  Conversely, the        
             "clamping member" formed by the gripping assemblies and support portion alone is not itself              
             capable of gripping an article of relatively small diameter which can be abutted and stabilized          
             by the second gripping element.  While we appreciate that the second gripping element 34                 
             could be considered to be part of the "clamping member," in that it is connected to the gripping         
             assembly 16 and helps grip the article, it cannot then also reasonably be considered to be an            
             anchoring member movable "independently of said clamping member" as additionally required                
             by claim 1.                                                                                              


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