Appeal 2007-0195
Application 10/895,515
THE FACTS
FF1 Appellant's Specification defines the "paddle-blade position" as "the
most efficient position of the hand, forearm, fingertips, and elbow . . . . that
provides a uniform application of force on the pulling surface and an
increased surface area for holding water, resulting in the generation of more
power and speed" (Specification 2:1-5). This "paddle-blade position" is one
with a positive rake (i.e., with the wrist bent forward so the palm is inclined
toward the lower side of the forearm), as illustrated, for example, in Fig. 4,
which is described as depicting the "paddle-blade position" (Specification
7:1-2). Appellant discloses that, "[t]o place the hand in the paddle-blade
position," a linking element 11 aligns the propulsion surface 7 and hand
support 9 in fixed relation at an acute angle from the mean surface of
propulsion surface 7 to a support platform 13 (Specification 5:14-16).
Appellant further discloses that the linking element 11 "may be arranged in
relation to the support platform 13 at an angle of about 10 to 15 degrees
from horizontal, for example" (emphasis ours) (Specification 5:16-18).
Appellant's Specification does not define the "paddle-blade position" as
requiring a 10 to 15 degree angle. According to Appellant, other non-
adjustable angles to place the hand in other desired positions are within the
scope of the invention (Specification 5:18-19).
FF2 Liveoak's paddle 10 flexes similarly to fins worn on the feet of scuba
divers when moved through the water (col. 2, ll. 64-66).
FF3 As illustrated in Fig. 1, Liveoak's paddle includes a paddle blade 12
and first and second apertures 14 and 16 for use with one hand and arm of a
5
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