Appeal 2007-0516
Application 10/438,506
1 Applicant argues that “pitch” as used in the original application
2 meant the same as “diameter.” Amended Appeal Br., p. 8. Applicant
3 specifically makes reference to portions of the specification to support the
4 argument. Referring to page 2, lines 6-10, applicant says:
5 Specifically, for example, in the background
6 section of the original specification, it is set forth that, "in
7 the paint industry, many motors are designed for
8 mounting within an 1 ½ inch threaded flange" and "[i]f a
9 drum has a different sized flange (e.g., 2 inches), the
10 motors mountable on an 1 ½ inch flange cannot be used,
11 whereby such a drum probably would not be purchased."
12 Amended Appeal Br., p. 8. However, applicant takes these quotes out of
13 context. The lead sentence of the paragraph from which applicant took the
14 quotes expressly states that the example refers to the pitch of the threaded
15 flange. We reproduce the entire paragraph below:
16 Accordingly, the pitch of the drum's threaded
17 flange must be compatible with the pitch of the motor's
18 threaded mounting component. For example, in the paint
19 industry, many motors are designed for mounting within
20 an 1½ inch threaded flange. If a drum has a different
21 sized flange (e.g., 2 inches), the motors mountable on an
22 1½ inch flange cannot be used, whereby such a drum
23 probably would not be purchased. In addition to
24 convenient motor-mounting, a drum design also must
25 incorporate means for maintenance of the agitator shaft
26 in an upright position so that, when the motor is coupled
27 to the drum, the agitator shaft will be positioned for
28 coupling to the motor shaft. This can be accomplished by
F.3d 1565, 1571-72, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997) (One shows
that one is ‘in possession’ of the invention by describing the invention, with
all its claimed limitations, not that which makes it obvious.”). On the other
hand, if the applicant’s original disclosure was a prior art printed
publication, the subject matter of Claims 3, 4, and 17-21 would not be
“described” in the sense of an anticipation under 35 U.S.C.§ 102.
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