Ex Parte Berdan et al - Page 7




          Appeal No. 2003-0106                                                        
          Application 09/502,680                                                      


          extension of the rod (96) relative to the cylinder (94) of                  
          actuator (22) causes the linkage (20) to unfold and thereby raise           
          the plate holders (16, 18) and, by inference, any replaceable               
          plate or plates carried thereon.                                            


          Based on the foregoing, it is clear to us that an                           
          understanding of the claim language in question hinges on what              
          enlightenment one of ordinary skill in the art would derive from            
          appellants’ specific reference on page 7 of the specification to            
          a “bottle jack” or “ratchet-type lift” being suitable for use as            
          the actuator (22) of the invention. In our opinion, one of                  
          ordinary skill in the art at the time of appellants’ invention              
          would have understood that a conventionally available “bottle               
          jack” or “ratchet-type lift” operates via movement of a handle or           
          rod, like (102) seen in Figures 1-3 of the present application,             
          in an up and down pumping action, wherein each downward movement            
          of the handle/rod causes a relatively small, incremental movement           
          or extension of the actuator rod (96) to occur and whereby                  
          movement of the linkage (20) and raising of the plate holders               
          (16, 18), and any replaceable plate or plates carried thereon,              
          from the fully lowered position seen in Figure 4 of the                     
          application drawings to the fully extended condition seen in                
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