Appeal No. 2000-0565
Application No. 08/539,840
Therefore, claim 1 is directed to the combination of a seat tube, seat post, bottom bracket and
gas spring.
Each of claims 1 and 11 also requires a "gas spring," which we understand to be a term
of art that refers to a self-contained hydra-pneumatic ram comprising a piston and cylinder unit,
wherein the cylinder contains both a pressurized gas and hydraulic oil and the piston is
provided with an orifice for passage of at least the hydraulic oil during movement of the piston.
The passage of oil through the piston orifice of a gas spring helps allow the pressures on both
sides of the piston to equalize and provides damping to thereby control the rate of movement of
the piston and piston rod.3
The anticipation rejection
Carroll discloses an adjustable bicycle seat post assembly comprising a seat post 40
made of a round tube 44 having an inside cylindrical bore 46 with a closed upper end 48 and
an air valve 52, a tubular seat mast 22 and a mounting shaft 42 having a lower head portion 66
secured to the seat mast and an upper head portion which forms a piston 62. A variable
volume air chamber 72 is provided between the piston and the closed upper end 48 of the seat
post. Further, the piston 62 is furnished with O-rings 70 to provide an air seal against the
3In proceedings before it, the PTO applies to the verbiage of claims the broadest reasonable meaning of the
words in their ordinary usage as they would be understood by one of ordinary skill in the art, taking into account
whatever enlightenment by way of definitions or otherwise that may be afforded by the written description contained
in the applicant's specification. In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997). We
emphasize that terms in a claim should be construed as those skilled in the art would construe them. See Specialty
Composites v. Cabot Corp., 845 F.2d 981, 986, 6 USPQ2d 1601, 1604 (Fed. Cir. 1988) and In re Johnson, 558 F.2d
1008, 1016, 194 USPQ 187, 194 (CCPA 1977).
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