Appeal No. 1997-4444
Application 08/427,884
The Examiner states that "[i]n claim 28, line 3, 'a
threaded shaft mounted to said carrier below said opening' is
confusing, as Fig. 2 shows shaft 28 extending 'above' and
'below' the carrier comprising the opening; also 'below' is
unclear, as the orientation of the carrier assembly is not
defined" (FR3).
Claim 26 defines that the carrier has a top surface and
claim 27 recites that the carrier has an opening formed
therethrough, the opening defining two spaced surfaces on the
top surface of the carrier. The ordinary meaning of "top" is
the highest point in the vertical direction. Therefore,
"below said opening" in claim 28 refers to a position lower
than the top surface. It is clear that the shaft being
referred to is the threaded shaft 50 in Figure 3 which moves
the base structure 40, not the threaded shaft 28 in Figure 1
as interpreted by the Examiner. The rejection of claim 28 is
reversed.
Helmick declaration
Appellant's brief attaches a copy of the declaration of
the inventor Mark H. Helmick (Paper No. 5½) received
April 1, 1996; however, the declaration is not relied on in
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