Appeal 2007-1463 Page 12
Application 10/083,492
under 35 USC 112, paragraph six, as invoked by Applicants on page 12 of
the amendment filed April 17, 2003.
Paragraphs 0039-0044 of the specification disclose a means for
retaining the screws on the plate including the diameter of the threaded
portion of the screw being substantially equal to the diameter of the
corresponding hole in the plate. However, this means would only connect the
plate to the disk when the base is not affixed to the sports apparatus if the
plate is disposed beneath the base or disk. If the plate were disposed above
the base or disk, this means would only retain the screws on the plate and
would not connect the plate to the disk. Thus, the claims are unclear as to
whether the means includes the screw diameter at the threaded portion
relative to the diameter of the hole in the plate alone or the screw diameter at
the threaded portion relative to the diameter of the hole in the plate in
combination with the location of the plate being below the base or disk.
In section B. 3. of the remarks to the amendment filed August 18,
2003, Applicants indicate that the limitations in which the plate is disposed
in the lower surface of the base or disk are only present in dependent claims.
Since the means plus function limitation in question appears in independent
claims 6 and 38, for the purposes of examination the means have been
interpreted as being the screw diameter at the threaded portion relative to the
diameter of the hole in the plate alone without locating the plate below the
base or disk. This means would connect the plate to the disk when the base
is not affixed to the sports apparatus to the same extent as the claimed.
Answer 4-5. Emphasis added.
2. The Examiner concedes that the claim 6 defines means for retaining the
screws on the plate and for connecting the plate to the disk when the base is not
affixed to the sports apparatus.
3. However, the Examiner queries whether the breadth of the means language
is such that the claim encompasses an inoperative embodiment, i.e., whereby the
screws would not connect the plate to the disk when the base is not affixed to the
sports apparatus, or is limited to an embodiment wherein the plate is disposed
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