Ex Parte Bennis - Page 14

                Appeal 2007-1788                                                                             
                Application 09/766,032                                                                       














                      These figures illustrate the embodiment in which the spring constant                   
                is “approximately equal” to the bobber’s buoyant force.  In this embodiment,                 
                the force required to fully compress the spring also causes complete                         
                submersion of the bobber main body (see Fig. 13).                                            
                      In my view, when claims 18 and 19 are read in light of the                             
                Specification, they are directed to the embodiment depicted in Figures 11-                   
                13, but do not read on the embodiment depicted in Figures 2-4.  That is, I                   
                would read the “about equal” (or “approximately” or “substantially” equal)                   
                limitations to require an effect like that shown in Figures 11-13:  the force                
                required to fully compress the spring also causes complete submersion of the                 
                bobber main body.                                                                            
                      Riead does not disclose the bobber of claims 18 and 19, properly                       
                interpreted.  Riead describes a bobber containing a lamp bulb (Riead,                        
                Abstract).  The circuit of lamp bulb 22 is closed when a resilient switch                    
                arm 40 is moved downwardly (id. at col. 3, ll. 20-22).  Closure of this switch               
                is resisted by spring 64 (id. at col. 3, ll. 55-58).  When a fish pulls on the               

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Last modified: September 9, 2013