Appeal 2006-1865
Application 09/660,433
Patent 5,802,641
(5)
Simultaneously Selectively Clamping And Releasing Said
Support Device About The First And Second Axes
With respect to independent claims 14, 24, 48, 72, 81, and 91, Appellant
argues at pages 7, 13, 18, 23, 27, and 32, of the Brief, that the broadening with
respect to the simultaneously selectively clamping and releasing said support
device about the first and second axis is not an impermissible broadening (does not
relate to surrendered subject matter) and does not violate the recapture rule. We
disagree.
Appellant argues that the term “simultaneously” “refers to the ability to both
clamp and release” (Br. 7). As the Examiner correctly points out (Finding of
Fact 39) and as we find in Appellant’s Specification (U.S. Patent 5,802,641, col. 3,
ll. 62-64), the “simultaneously” refers to releasing in plural dimensions (or axes) at
the same time or clamping in plural dimensions at the same time. Appellant’s
erroneous argument fails to persuade us that the Examiner erred.
Also, Appellant argues that since the preferred embodiment of the
specification includes this limitation, these claims (which cover the preferred
embodiment) are not broadened in this aspect. Again Appellant is asking this
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