Appeal No. 2002-1549 Page 5
Application No. 09/315,101
which is attached at their upper ends to the underside of the table top cross support
members 18 and at its upper end to the under side of a table top cross support member
18 and at its lower end to a caster support 40, with each brace being adjustable in
length by means of a turnbuckle 72 (Figure 2). The caster supports 40 at opposite
ends of the table are connected together by members 52 and 54, which can be
adjusted in length by ratchet mechanisms 55 (Figure 5).
As we understand the examiner’s position, it is that each of the braces 70
constitutes an “adjuster” that can “independently adjust” a leg, “since the struts 72, 72
on the left side [as viewed in Figure 2] can be shortened or lengthened which
independently varies the height of the left side compared to the right side by varying the
angle between the adjustable leg (16) and the table top” (Answer, page 6).
Claim 1 recites “an adjuster for independently adjusting each adjustable leg, said
adjuster being pivotally attached to said table top and said adjustable leg . . . [which]
adjust[s] the angle between said adjustable leg and said table top; wherein said
adjuster can be varied to adjust the angle between said adjustable leg and said table
top” (emphasis added). Considering the language used in the claim on its face as it
would be understood by one of ordinary skill in the art and in view of the description
provided in the specification and the arguments set forth in the Briefs, we interpret this
recitation to mean that each leg can be adjusted by the action of a single adjuster,
without affecting the adjustment of the other legs. This being the case, as the appellant
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