Appeal No. 2001-0287 Page 4
Application No. 09/107,056
section, and a brace having a second end attached to the
platform and a first end extending through the slot and
disposed at a terminal end of the curved section of the slot
when the platform is in an extended position and disposed
along the straight section of the slot when the platform is3
in a retracted position.
Frank discloses a table which is movable between an
extended horizontal position (Figure 2) and a retracted
vertical position (Figure 3) contained within a recess (space
12), a bracket formed by rails 16, 17 having vertical elongate
sections and generally curved sections (notches 26, 27) and a
pair of braces 37. As pointed out by appellants (brief, p.
6), the forward edge portion (top edge 52) of Frank’s table is
disposed above the rear edge portion (back edge 36), rather
than beneath the rear edge portion as required by claim 10,
when the table is in the retracted position.
Swanson discloses a table which pivots from a horizontal
position to a vertical position about a fixed pivot or hinge,
We interpret “the straight section of the slot” in claim 10 to refer3
to the “elongate section.” Reading the claim as a whole, we understand the
elongate section of the slot to be a straight elongate section. However, in
the event of further prosecution, claim 10 is deserving of correction to
provide consistency and clear antecedent basis.
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