Appeal No. 2004-0875 Page 3
Application No. 09/728,975
a pair of longitudinal mainframe members; and
a space frame assembly mounted to said pair of
longitudinal mainframe members which extend in a
cantilevered arrangement from only one side of said space
frame assembly.
Na discloses a bus frame comprising a center frame 54, including a plurality of
horizontal and reinforcing beams 1, 2 between reinforcing bars 59 connected with two
plates 57, the center frame being installed between front and rear frames 50, 51. The
front and rear frames 51 are made of side members 55 and a plurality of cross
members 56 which connect the side members 55. The side members 55 are
connected to the two plates 57. Thus, the center frame 54 and the two plates 57 form a
center space frame (column 1, lines 26-27).
Appellant does not dispute that Na’s side members 55 are “longitudinal
mainframe members” which each extend in a cantilevered arrangement from one side
of a space frame assembly. Rather, appellant argues on page 4 of the brief that “Na
cannot and does not disclose only one set of longitudinal main frames as recited in
claim 1" and urges that the examiner “is apparently ignoring the word ‘only’” in claim 1.
We note, at the outset, that appellants’ claim 1 recites a vehicle frame
comprising a space frame assembly and a pair of longitudinal mainframe members
which extend in a cantilevered arrangement from only one side of the space frame
assembly. The transitional term "comprising" is inclusive or open-ended and does not
exclude additional, unrecited elements. See In re Baxter, 656 F.2d 679, 686, 210
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