Ex Parte MUSSCHOOT - Page 4




             Appeal No. 2002-2021                                                              Page 4               
             Application No. 09/024,077                                                                             





                                                      Claim 1                                                       
                    A vibratory feeder comprising:                                                                  
                           a base;                                                                                  
                           means defining an elongated, generally horizontal feeding surface                        
                    spaced from said base;                                                                          
                           a rotatably mounted eccentric journaled on said surface defining                         
                    means and operable, when rotated, to impact [sic, impart] vibration to said                     
                    surface; and                                                                                    
                           an interconnection mounting said surface defining means to said                          
                    base and consisting essentially of a resilient element having one end                           
                    connected to said surface defining means and an opposite end connected                          
                    to said base, said resilient element having said ends on a generally                            
                    horizontal axis and being of sufficient stiffness to prevent said axis from                     
                    shifting from a generally horizontal position.                                                  
                                                        (1)                                                         
                    Claims 1-7 have been rejected under the first paragraph of Section 112 on the                   
             basis that the phrase “of sufficient stiffness to prevent said axis from shifting from a               
             generally horizontal position,” which appears in claim 1, contradicts the language in the              
             specification in lines 8 and 9 of page 12, which states that “substantial horizontal                   
             displacement occurs.”  We do not agree.                                                                
                    The appellant discusses the characteristics of coil springs on page 10 of the                   
             specification, explaining that the “vertical spring rate” is the rate that comes into play in          








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