Appeal 2007-1463 Page 6
Application 10/083,492
a plate having a predeterminate size and shape, said plate being the
one and only plate of said assembly having said predeterminate size and
shape;
said plate being slidably positionable relative to said base in the
direction of said elongated holes, said plate having at least two holes
extending through a thickness of said plate;
a plurality of screws, each of said screws having a single
predeterminate size and shape to extend through a respective one of said
elongated holes of said base, through a respective one of said holes of said
plate, and into an upper surface of the sports apparatus to secure said base
onto the sports apparatus;
said plurality of screws comprising means for retaining said plate
connected to said base when said plurality of screws are not screwed into the
sports apparatus.
A. Issue
The issue is whether Appellants have shown error in the Examiner’s
rejection on the grounds that the Specification does not reasonably convey to those
skilled in the relevant art that the inventors, at the time the application was filed,
had possession of the claimed retaining assembly wherein said single plate is the
only plate of the retaining assembly having said predetermined size and shape, the
retaining assembly thereby not including a second plate having said predetermined
size and shape.
B. Findings of Fact
The record supports the following findings of fact (FF) by a preponderance
of the evidence.
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