Appeal 2007-1793
Application 10/911,196
own Specification refers to “gas springs.” As such, the “spring” of claim 57
broadly refers to the genus “spring,” which includes all types of springs, including
gas springs and mechanical springs. If the Appellants wish to limit claim 57 to
mechanical springs, it is the Appellants’ burden to precisely define the invention as
such, not the PTO’s. See In re Morris, 127 F.3d 1048, 1056, 44 USPQ2d 1023,
1029 (Fed. Cir. 1997). Appellants always have the opportunity to amend the
claims during prosecution, and broad interpretation by the examiner reduces the
possibility that the claim, once issued, will be interpreted more broadly than is
justified. In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA
1969). Accordingly, we find that Hubweber discloses spring, in the form of a gas
spring, extending between the guide member (piston 3) and the bottom end of the
housing (lower, closed end of cylinder 1) (Findings of Fact 10, 11). As such,
Hubweber anticipates dependent claim 57.
Rejection of claims 27, 37, 39, 41, 43, 53, 55, and 57 as anticipated by Gottling
The Appellants contend that Gottling does not anticipate independent claims
37 and 43 because Gottling does not disclose a guide member positioned in the
internal chamber and secured to the spring rod to support the spring rod during
axial movement (Appeal Br. 7). The Examiner responds that “Gottling does not
show the guide member (piston) attached to the rod 20 but it is discussed”
(Answer 5, citing Gottling, col. 1, ll. 13-19).
actuating force.
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