Appeal No. 2001-1343
Application No. 08/965,818
relatively simple and straightforward components do not
involve the features excluded by the negative claim
limitations at issue.
Claim 109 recites that the flow of pressurized fluid
through third and fourth flowlines holds the hydraulic
cylinder of the claimed apparatus in a retracted, rest
position when fluid flow is driving the fluid driven rotary
motor of the apparatus in a low torque condition. The
original disclosure does not support this recitation because
it indicates that in the low torque condition (see Figure 2
and specification pages 6 and 7) the hydraulic cylinder is
held in a retracted, rest position by the static presence of
pressurized fluid in the third and fourth flowlines, not by
the “flow” of pressurized fluid “through” these flowlines.
Finally, the examiner’s determination that the original
disclosure lacks support for the subject matter recited in
claims 106 and 112 is reasonable on its face and has not been
challenged by the appellant. 2
2Contrary to the appellant’s belief (see page 7 in the
brief), claims 106 and 112 have not been canceled.
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