Ex parte Forsberg

Board of Patent Appeals and Interferences

Jul 15, 1999

08537673 (B.P.A.I. Jul. 15, 1999)

Application for patent filed January 11, 1996. This1
application is a U.S. national stage application based on
international application PCT/SE94/00333, filed April 15,
1994, under 35 U.S.C. § 371.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte LARS FORSBERG
__________
Appeal No. 98-2163
Application 08/537,6731
__________
ON BRIEF
__________
Before McCANDLISH, Senior Administrative Patent Judge, MEISTER
and MCQUADE, Administrative Patent Judges.
MEISTER, Administrative Patent Judge.
DECISION ON APPEAL
Lars Forsberg (the appellant) appeals from the final
rejection of claims 2-18 and 21-23, the only claims remaining
Appeal No. 98-2163
Application No. 08/537,673
A translation is attached to this decision.2
Although the metes and bounds of the claimed subject3
matter are understandable, we note that the recitation of
"said outer end of said double-acting hydraulic cylinder"
(emphasis ours) in (1) lines 8 and 9 of claims 21 and 23 and
(2) lines 10 and 11 of claim 22 has no clear antecedent basis.
In the event of further prosecution before the examiner, this
informality is deserving of correction.
2
in the application.
We REVERSE.
The appellant's invention pertains to a coupling for use
with a tubular boom section of an extendible crane boom.
Independent claim 18 is further illustrative of the appealed
subject matter and a copy thereof may be found in APPENDIX A
of the brief.
The references relied on by the examiner are:
Harsch 2,666,417 Jan. 19,
1954
Fischer 1 556 601 Mar. 5,
1970
(Germany)2
Claims 2-18 and 21-23 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Harsch in view of the
German publication. According to the examiner:3
Figure 6 of Harsch shows a coupling for use with a
Appeal No. 98-2163
Application No. 08/537,673
3
tubular boom section of an extendible crane boom,
the tubular boom section comprising a tube (1)
having an inner end and an outer end, a holder (14),
and a double acting cylinder being attachable to the
holder, the coupling comprising a first member (16),
a second member (15), and means comprising a
plurality of screws for coupling together these
members. Harsch varies from the claims by not
having the first and second members shaped as part-
spherical male and female members. Figure 3 of DE
'601 [the German publication] shows a similar screw
connection for a hydraulic cylinder with male and
female part-spherical members which permit the
members to be bolted together in various angular
alignments. It would have been obvious to one of
ordinary skill in the art to modify the hydraulic
cylinder mounting of Harsch by forming the first
member (16) as a part-spherical male member, and the
second member (15) as a part-spherical female
member, to permit the orientation of the cylinder to
assume various fixed alignments for small angular
adjustments, as taught by DE '601. [Answer, page
3.]
We will not support the examiner's position. While
Harsch teaches a coupling for use with a tubular boom section
of an extendible crane boom, Harsch's coupling (as the
examiner recognizes) comprises first and second plates 15,16
that are attached together by a plurality of screws, with no
adjustment whatsoever being provided between the plates. In
an attempt to overcome the deficiencies of Harsch, the
examiner has relied upon the German publication, contending
that it would have been obvious to provide Harsch with a
Appeal No. 98-2163
Application No. 08/537,673
4
coupling having part-spherical male and female members for the
purpose of permitting Harsch's cylinder to be oriented in
"fixed alignments" for small angular adjustments in view of
the German publication's teachings.
The German publication, however, does not provide part-
spherical male and female members for the purpose of providing
"fixed alignments" as the examiner apparently believes.
Instead, the German publication is directed to a lift mast for
a lift truck wherein the lifting cylinder is mounted on the
truck by a coupling having part-spherical male and female
parts 3. In order to prevent binding or wedging (i.e,
jamming) between the part-spherical male and female parts as
they move relative to each other, these parts are elastically
interconnected, thus providing for the "free adjustment" of
the lift mechanism (see the first two paragraphs of the
translation). To this end, the German publication elastically
interconnects the part-spherical male and female parts by (1)
a hairpin spring 7 in the embodiment of Figs. 1 and 2, (2)
Belleville springs 14 interposed between screws 13 and part 10
in the embodiment of Fig. 3 and (3) an elastomeric member 18
interposed between bracket or abutment 17 and part 15 in the
Appeal No. 98-2163
Application No. 08/537,673
5
embodiment of Fig. 4.
There is simply nothing in the combined teachings of
Harsch and the German publication which would fairly suggest
incorporating the elastic coupling taught by the German
publication into the device of Harsch. Moreover, even if the
German publication's elastic coupling were incorporated into
the device of Harsch, the claimed invention would not result.
That is, the resulting structure would not prevent pivotal
movement of the double-acting hydraulic cylinder relative to
the holder when the plurality of screws are tightened as
expressly required by each of the independent claims on
appeal.
The decision of the examiner to reject claims 2-18 and
21-23 under 35 U.S.C. § 103(a) based on the combined teachings
of Harsch and the German publication is reversed.
REVERSED
Appeal No. 98-2163
Application No. 08/537,673
6
Harrison E. McCandlish, Senior )
Administrative Patent Judge )
)
)
)
James M. Meister ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
John P. McQuade )
Administrative Patent Judge )
tdc
Appeal No. 98-2163
Application No. 08/537,673
7
Robert F. Hargest
Young & Thompson
745 South 23rd St., Ste. 200
Arlington, VA 22202