Appeal No. 2000-2022
Application No. 08/888,663
means for adjusting the lateral and forward
positioning of said carriage and post driver
approximately generally parallel to the ground to
properly position the post driver during its usage
and independent claim 10 recites
adjusting assembly means that provides for the
lateral and forward adjustment of the post driver
and its carriage and to move the same generally
parallel to the ground to properly position the post
driver during usage.
In accordance with the sixth paragraph of § 112, these means-
plus-function elements "shall be construed to cover the
corresponding structure . . . described in the specification
and equivalents thereof."
Appellants' specification describes the apparatus
corresponding to the foregoing means as follows (page 4, line
20, to page 5, line 2):
An adjusting assembly 13 is mounted to the mount 11.
The carriage 3, in turn, is mounted to the adjusting
assembly 13. The adjusting assembly is provided
with a pair of crank arms 15 and 17 which are
provided, as described in the above-noted patent
[Patent No. 5,282,511], to move the carriage 3 and
ram 5 in a plane generally parallel to the ground to
properly position the post driver.
However, as the examiner notes at pages 7 and 8 of the answer,
the '511 patent referred to as describing the adjusting
3
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Last modified: November 3, 2007