Appeal No. 2000-0582
Application 08/851,017
motor a “brake” under any ordinary and accustomed definition
of this term. For example, Webster’s New Collegiate
Dictionary (G. & C. Merriam Co. 1977) defines “brake” as
meaning “something used to slow down or stop movement or
activity.” The mere fact that Wieland’s motor ceases
furnishing motive power to the carriage 8 does not
necessarily mean that it acts to slow down or stop the
movement of the
carriage. While other motive devices might perform a
braking action when de-energized, Wieland does not give any
indication that motor 37, 54 (or its associated transmission
means) does. Thus, the examiner’s finding that the
“braking” limitations in claims 1 and 3 read on Wieland’s
motor 37, 54 is inconsistent with the manner in which these
limitations and the Wieland reference would be understood by
a person of ordinary skill in the art. The examiner’s
finding is also inconsistent with the appellant’s
specification, in light of which the claims must be read,
which draws a distinction between a brake and the type of
motor disclosed by Wieland by stating “[i]n an advantageous
manner, braking of the lateral movement of the gripper
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