Appeal No. 1999-0069
Application No. 08/388,741
no teaching of making the body of the device “approximately as
dense as water,” as required by claim 1, and no reason to do
so inasmuch as control of the device is entirely dependent
upon the actions of the user (page 1, line 19 et seq.).
Second, there is no mention of the center of mass nor, it
follows, does the reference teach locating the elements of the
device in terms of their relationship to the center of mass,
as is set forth in the claim. From our perspective, it thus
is speculative to conclude that these relationships exist in
the reference. Third, the device shown in the Glover drawings
is essentially flat and therefore does not have a rearward
tail portion that is “tapered rearwardly in a frontal plane,”
and the specification of the reference fails to describe such
a configuration as an alternative thereto. Finally, while the
Glover device is equipped with means attached near the front
which is capable of imparting oscillating motion (page 2, line
55), it does not propel itself through the water, but is
caused to move through the water “manipulated by hand control
to cause it to perform swimming, diving, floating and other
motions . . . in water” (page 1, lines 35-37 and 77-80).
Therefore, it is clear that the oscillation does not produce
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