Ex Parte JOFFE - Page 6




              Appeal No. 1999-2328                                                                Page 6                
              Application No. 08/485,492                                                                                


              disposed to fit at the interfaces.  From our perspective, one of ordinary skill in the art                
              would have understood that this refers to the L-shaped tables shown in Figures 2 and                      
              4, which in their left-hand portions (as shown in the drawings) present horizontal and                    
              vertical interfaces constituting a right angled corner with rolling members interposed                    
              between the horizontal and vertical surfaces and held there by the magnetic forces.                       
                     The subject matter in dependent claims 2, 7 and 8 also can be discerned from                       
              the drawings, as can that of independent claim 11, with regard to which we note that the                  
              range of distance occupied by the balls was set forth in the claim as originally filed.                   
                     Further regarding the issue of the ability of one of ordinary skill in the art to                  
              understand the structure and operation of the present invention from the original                         
              Figures 1-4, we point out that the appellant’s prior U.S. Patent No. 5,524,499, of which                  
              the present application is a continuation-in-part, discloses in Figures 3a, 3b and 4, as                  
              the prior art, systems in which rolling elements are held firmly between surfaces by                      
              magnetic force, and in Figure 9 an arrangement in which the members have two                              
              interfaces at right angles to one another, which devices are explained in columns 5 and                   
              7-8, respectively.  We also again note that like elements in the other embodiments of                     
              the appellant’s invention are shown in the same general manner as the elements of                         
              Figures 1-4.                                                                                              
                     On the basis of the above reasoning, we find that, contrary to the examiner’s                      
              conclusion, the original disclosure supports the position that the subject matter recited                 








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