Ex Parte Spiegel - Page 10




              Appeal No. 2005-0489                                                                Page 10                 
              Application No. 10/144,987                                                                                  


              ordinary skill in the art that the disclosed lower fitting structure inherently precludes                   
              lateral movement of the lower fitting with respect to the axis of elongation of the shaft so                
              as to provide written description support for the cited claim limitations in compliance with                
              35 U.S.C. § 112, first paragraph.                                                                           
                                                     CONCLUSION                                                           
                     To summarize, the decision of the examiner to reject claims 28-32 under 35                           
              U.S.C. § 103 is reversed and the application is remanded to the examiner for                                
              consideration of whether claims 28-32 have written descriptive support in the application                   
              as originally filed, as explained above.                                                                    



























Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007