Ex Parte Thompson - Page 8

                Appeal 2007-1167                                                                                 
                Application 10/784,056                                                                           
                telescoping arm 4, and outer arm 16 is an appendage of clamp 5, inner arm                        
                13 is slidably received within clamp 5.                                                          
                       The broadest reasonable interpretation of the claim language                              
                consistent with Applicant’s specification is consistent with the Examiner’s                      
                finding.  Applicant’s Figure 1 appears to show a support member 20 slidably                      
                received within an appendage of releasable clamp 22 (Spec., Fig. 1).                             
                Watkins also contains a support member (inner arm 13) that is slidably                           
                received within an appendage (outer arm 16 of telescoping arm 4) of a                            
                releasable clamp (clamp 5).  Accordingly, we find that Watkins reasonably                        
                describes each and every claim limitation in Applicant’s Claim 1 and the                         
                claimed subject matter as a whole.                                                               
                                         35 U.S.C. § 103(a) Rejections                                           
                       To establish the obviousness of the claimed subject matter, all the                       
                claim limitations must be taught or suggested by the prior art.  In re Royka,                    
                490 F.2d 981, 985, 180 USPQ 580, 583 (CCPA 1974).  “All words in a                               
                claim must be considered in judging the patentability of that claim against                      
                the prior art.”  In re Wilson, 424 F.2d 1382, 1385, 165 USPQ 494, 496                            
                (CCPA 1970).                                                                                     
                       Claims 1, 6, 11, and claims dependent thereon, stand rejected as                          
                obvious over Blevins, Wright, and Bridgers.  Blevins discloses a flexible                        

                                                       8                                                         

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: September 9, 2013