Interference No. 104,158
be arguing that the length of a side of Althaus can be changed
or adjusted during design and manufacture. Accordingly, we 7
will adopt the interpretation urged by counsel during the
hearing and construe
claim 7 of Althaus to be directed to subject matter wherein
the length of a side of the four-bar linkage can be changed
during design and manufacture.
In our view, the subject matter of claim 7 as
construed by counsel would have been obvious under the 37 CFR
§ 1.601(n) test in view of the teachings of the Oldroyd PCT
publication or the documentary evidence from Kirk, Terry or
Ishida when combined
with the subject matter of Althaus claims 1-6 taken as prior
art. The various sizes and shapes of links or sides in a
four-bar linkage are evidence of a recognition in this art
that the amount or nature of pivoting is changed by modifying
the size and shape of the sides in the four-bar linkage.
Consequently, changing the size of the links during design and
7This seems to be the construction advanced by Ortiz at
AR4-5. See also AR19-23.
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