Ex parte HERST et al. - Page 3




          Appeal No. 96-3201                                                          
          Application 08/177,399                                                      

          system so that said fixture heads are mounted at substantially              
          the same predetermined mounting height, said predetermined                  
          mounting height defining an ambient lighting mounting plane,                
               said fixture heads being detachably mountable to and                   
          interchangeable with said mounting structures such that said                


          fixture heads can interchangeably be positioned and                         
          repositioned within said ambient lighting mount plane.2                     
               The references of record relied upon as evidence of                    
          obviousness are:                                                            
          Crider                        2,732,487                Jan. 24,             
          1956                                                                        
          Martin                        4,228,489                Oct. 14,             
          1980                                                                        
          Kao et al. (Kao)              5,091,834                Feb. 25,             
          1992                                                                        
          Sill Catalog, “Indirektstrahler”, April/May 1990 (Translation               
          attached for pages 12-14).3                                                 
               For purposes of this appeal, appellants have divided the               
          claims into three groups; claims 1-13 will stand or fall with               
          representative claim 1; claims 18, 20 and 22 will stand or                  


               2With respect to line 8 of claim 1, we note that this line requires the
          fixture heads to be detachably mountable and interchangeable with said      
          mounting structures.  In fact, the fixture heads are not interchangeable with
          the mounting structures, but are interchangeable on said mounting structures.
          This claim language should be corrected in any further prosecution before the
          examiner.                                                                   
               3Our understanding of the Sill Catalog reference is by way of an       
          English language translation, a copy of which is attached to our decision.  
                                          3                                           





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