Ex Parte Lee - Page 4




                Appeal No. 2006-1794                                                                                                                      
                Application No. 10/119,186                                                                                                                

                        Appellant further argues that Fenner lacks the claimed “rotation means for hand                                                   
                attachment.”  Again, we disagree.  The claim does not even require actual hand attachment,                                                
                but, rather, that the rotation means is “for” hand attachment.  However, the hand is not a                                                
                limitation of the claim.  But the claim suggests that the mount has a rotation means so that a                                            
                user may attach the mount by hand.  As indicated by the examiner, Fenner’s female fastener                                                
                12 “rotates” around the threads of the anchor screw 13 and the rotation is capable of being                                               
                effected by hand, as per the user turning transducer 100 by hand as he/she screws the                                                     
                transducer onto the threads of anchor bolt 13.                                                                                            
                        Contrary to appellant’s view (brief-page 5, fourth line up from the bottom), it is                                                
                irrelevant that Fenner does not mention the term “hand” anywhere in its disclosure because                                                
                the mount in Fenner is “capable” of being rotated by hand for attachment to the surface.                                                  
                That is, the integral structure of the transducer 100 and the anchor bolt 13 inserted into                                                
                fastener 12, may be used to effect attachment to the surface 170 by rotating the integral                                                 
                structure in order to drive the point of the anchor bolt 13 into the surface.                                                             
                        Appellant also argues that the examiner has given a dual nature to Fenner’s female                                                
                fastener 12 in calling it the claimed “rotation means” as well as the “means for speaker                                                  
                mounting.”  Not only does the claim not preclude such a dual nature of an element described                                               
                in the prior art, but the examiner, in fact, has indicated the fastener 12 to be the claimed                                              
                “rotation means” while the hole in raised boss 9 has been indicated as the claimed “means for                                             
                speaker mounting.”  We find the examiner’s interpretation to be reasonable since the                                                      
                transducer 100 of Fenner, the identified “audio loudspeaker,” is mounted by way of the                                                    

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