Ex Parte Berdan et al - Page 8




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


          Figure 3, takes place in a stepwise fashion via a series of such            
          small, incremental movements.                                               


          Thus, in the context of the present application, the claim                  
          language “angularly adjusting the height of the holder                      
          incrementally and thereby the height of the at least one plate              
          incrementally,” must be construed to mean that in moving from the           
          fully lowered position seen in Figure 4 of the application to the           
          fully extended condition seen in Figure 3, the parallelogram                
          linkage (20) moves angularly upwardly in a series of small steps            
          or increments caused by repeated movements of the handle/rod                
          (102) of the actuator (22), with the plate holders (16, 18)                 
          mounted on linkage (20) likewise moving incrementally upwardly in           
          a series of small steps. In our view, this is the broadest                  
          reasonable interpretation consistent with appellants’                       
          specification, when the claim language in question is read, not             
          in a vacuum, but instead in light of the specification as it                
          would have been interpreted by one of ordinary skill in the                 
          pertinent art.                                                              





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