Appeal No. 97-1019
Application 08/063,463
4, line 46) that is disposed on a floor surface in the same
manner as a conventional floor lamp. The panels 98 are not
described as either covering a utility channel or being
removable. Cover members 10, which are depicted as extending
horizontally along the base of the light fixture, are merely
described as concealing “the utility space that exists below the
panels 98" (see column 4, lines 49 and 50). There is simply
nothing in the teachings of Weissenbach and Propst, either alone
or taken together, which would fairly suggest to one of ordinary
skill in this art to provide the posts of Stephens with an
external utility channel having an outwardly oriented open face.
We also observe that independent claims 1 and 57 expressly
specify that the prefabricated floor construction defines a
raceway and thereafter sets forth a floor surface, thus making it
clear that the floor surface is something in addition to the
structure that defines the raceway. In Stephens, however, it is
the floor surface itself in conjunction with floor panels 20 that
defines the raceway.
For the foregoing reasons, we will not sustain the rejection
of claims 1-10, 19-25, 27, 34, 35, 51, 52 and 57 under 35 U.S.C.
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