Appeal No. 2002-0847
Application 09/139,607
stated deficiency of the Hawkins and Hunger combination. It is
for this reason that we do not sustain the rejections of claims
13 and 14 and claim 9, respectively.
REMAND TO THE EXAMINER
The application is remanded for consideration of the
following matter.
The examiner should determine whether the language “fluid
actuated” extendible strut, added to claim 1 subsequent to the
filing of the application (Paper No. 4), (1) renders the claim
inaccurate and/or indefinite (35 U.S.C. § 112, second paragraph)
and (2) lacks descriptive support in the original disclosure
(35 U.S.C. § 112, first paragraph). As disclosed (specification,
page 4), a hydraulic cylinder assembly 24 consists of a cylinder
member 27. The cylinder member, as disclosed, is not itself a
cylinder that is responsive to fluid pressure (as in Hawkins and
Hunger) to actuate or move the arm member; instead, pivotal
movement of the arm member is responsive to control valve
6
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