Ex parte HERST et al. - Page 7




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

          interchangeable with respect to the various mounting                        
          structures.  We further note that the language in the claims                
          directed to a furniture system are fully satisfied by Kao, and              
          the language with respect to “can be interchangeably                        
          positioned,” as in the penultimate line of  claim 1 is a mere               
          use limitation and is not accorded patentable weight.                       
               Appellants argue that Kao requires a separate coupling                 
          element not required by the present invention.  However, the                
          presence of this coupling element is not precluded by the                   
          claims on appeal.  Finally, we disagree with appellants’                    
          contention that Kao “does not teach to employ a plurality of                
          different fully inter-changeable mounting structures adapted                
          to different mounting environments of a furniture system.”  In              
          fact, this is                                                               




          what Kao expressly discloses with his table lamp 5 and his                  
          floor lamp 1.4                                                              
               While we note that the appellants and examiner have                    


               We note that appellants have included the floor as a different height4                                                                     
          support surface in a furniture system, although technically, the floor is the
          structural element that the furniture system sits upon.                     
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