Interference No. 104,158
prior art with respect to invention "A".
Invention "A" is a separate patentable
invention with respect to invention "B"
when invention "A" is new (35 U.S.C. 102)
and non-obvious (35 U.S.C. 103) in view of
invention "B" assuming invention "B" is
prior art with respect to invention "A".
The issue of whether Althaus has shown that Althaus’
claim 7 does not correspond to the count is complicated by the
proper construction to be placed on the claim term that one
side
is longitudinally adjustable. Althaus’ main brief argues that
this limitation should be construed as adjustable in length.
The
APJ in his motion decision interpreted this limitation to
refer
to the buckling of the sides of the four-bar linkage as shown
in
Figure 3 of the involved patent. The Althaus patent is
notably silent as to how any side of the four-bar linkage can
be made adjustable. The Althaus brief, similar to the Althaus
patent, does not explain how any side is made adjustable in
length, and all panel members understood Althaus’ counsel to
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