Ex Parte Bennis - Page 15

                Appeal 2007-1788                                                                             
                Application 09/766,032                                                                       
                leader, it compresses the spring, closes the switch, and actuates the bulb (id.              
                at Abstract).                                                                                
                      As noted by the majority, Riead describes adjusting the buoyancy of                    
                the float and the sensitivity of the lamp-actuating switch:                                  
                      [F]or maximum efficiency, the float buoyancy should be only                            
                      very  slightly  greater  than  its  own  weight  plus  the  variable                   
                      leader load applied thereto, so that it is submerged by only a                         
                      slight increase in leader load which occurs when a fish takes the                      
                      bait, and the lamp switch sensitivity should be such that the                          
                      switch is closed by a still smaller increase in the leader load.                       
                (Id. at col. 1, ll. 51-68.)  Riead states that the switch sensitivity “must be               
                sufficiently great that the lamp will be lighted by an additional leader lead                
                less than that required to submerge the float completely.  Otherwise the                     
                lamp might not light at all, or only after the float was submerged, when it                  
                would be useless.”  (Id. at col. 5, ll. 9-13, emphasis added.)  Thus, Riead                  
                describes adjusting “the tension of spring 64, . . . [so] that the lamp . . .                
                light[s] in response to a downward pull on the leader, before the float body                 
                submerges completely” (id. at col. 5, ll. 13-19, emphasis added).                            
                      That is, Riead requires that spring 64 be compressed completely, to                    
                close the switch and actuate the light bulb, before the bobber is submerged.                 
                In contrast, claims 18 and 19 require the spring to be completely compressed                 
                only when the bobber main body is completely submerged.                                      
                      As discussed above, I would interpret the term “about equal” (or                       
                “approximately equal” or “substantially equal”), in light of Appellant’s                     
                Specification,  to exclude the embodiment depicted in instant Figures 2-4.                   
                In my view, the majority’s interpretation is unreasonably broad.  As I                       
                interpret the claims, they do not read on the teaching in Riead of a bobber                  


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