Ex parte HERST et al. - Page 5




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

          respect to claims 1-13, 23 and 24, which prima facie case has               
          not been rebutted by additional evidence from the appellants.               
          Therefore the rejection of claims 1-13, 23 and 24 under 35                  
          U.S.C. § 103 will be affirmed.                                              
               With respect to the Sill reference, we are in agreement                
          with the appellants that the lighting fixture components of                 
          Sill are not disclosed as being interchangeable with the Sill               
          mounting structures.  We note that the fixture shown on pages               
          14 and 15 show different mountable fixture heads on supports                
          of varying lengths that can be used on a table or a floor.                  
          However, these fixture heads are not disclosed as                           
          interchangeable on the mounts.  For this reason, the Sill                   
          catalog does not establish a prima facie case of obviousness                
          with respect to the claims rejected thereunder.                             
               With respect to the disclosures of Crider and Martin, we               
          agree with the examiner and appellants that one or more lamps               
          can be attached to the structure of Martin at different                     
          heights.  However, we agree with the appellants that Martin                 
          does not dis-close interchangeable but different supporting                 
          structures that are interchangeably related to a plurality of               
          fixture heads.  Accordingly, Martin does not disclose evidence              

                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007