Appeal No. 2004-0136 Page 4
Application No. 09/761,340
The examiner first finds the term “unrestrained” as used in claims 99, 100 and
101 to be “unclear, inaccurate and indefinite” since the cable portion “is under tension
and therefore is not unrestrained at any portion” (Answer, page 3). The cable portion
that is “unrestrained” in claim 99 is between the second guide (140) and the third guide
(132), and in claims 100 and 101 the cable is “unrestrained” between the first guide
(134) and the second guide (140) and between the second guide (140) and the third
guide 132). We agree with the appellants that it would be clear to one of ordinary skill in
the art from the explanation of the invention in the specification that “unrestrained”
means that the specified portions of the cables are not attached at points between the
pairs of guides and are free to slide with respect to the guides when they initially are
adjusted (see, for example, pages 13 and 14, and Figures 1 and 3). Thus, we find this
term not to be indefinite.
We reach the same conclusion with regard to the examiner’s position that in
claim 68 it is “not clear what ‘first and second locations’ of the front portion are
‘substantially adjacent each other’” (Answer, page 3). Claim 65 recites a “front portion,”
and claim 68, which depends therefrom, adds the further requirement that this “front
portion” comprise first and second locations that are substantially adjacent to one
another. As shown in Figure 36, the cables attach to the front of the boot at one portion
(236 as indicated by the solid lead line and arrow), but at two locations (236 as
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