Ex Parte CUMMINGS - Page 4




          Appeal No. 2002-0847                                                         
          Application 09/139,607                                                       


          consequence of our review, we make the determination which                   
          follows.                                                                     


               We cannot sustain any of the obviousness rejections on                  
          appeal, for the reasons given below.                                         


               Independent claim 1 sets forth an attachment to a machine               
          having a handle, operable to perform groundworking functions,                
          comprising; inter alia, a fluid actuated extendible strut with an            
          accumulator pivotally connected to said arm member and pivotally             
          connectable to a handle when an arm member is connected to the               
          handle.2                                                                     


               As we see it, the claim recitation of an extendible strut               
          “with” an accumulator pivotally connected to an arm member and               
          pivotally connectable to a handle is fairly well understood to               
          denote that the strut and accumulator are pivotally connected to             

               2 A reading of claim 1, in light of the underlying                      
          disclosure, reveals to us that language in the claim is                      
          indefinite in meaning and appears to lack descriptive support in             
          the original specification.  We address the above matters in a               
          remand to the examiner below.  Notwithstanding the above, we do              
          understand claim 1 to the extent that we are able to assess the              
          applied prior art relative thereto in the obviousness rejections             
          on appeal.                                                                   
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