Ex parte GAINES - Page 9




                 Appeal No. 1999-0286                                                                                     Page 9                        
                 Application No. 08/777,413                                                                                                             


                 two mounting holes 44 which are spaced apart about 0. 75                                                                               
                 inches so as to align with the mounting holes 42 (p. 10); and                                                                          
                 (5) the orderly rank and file configuration of the mounting                                                                            
                 holes facilitates adjustment of the guide lanes (abstract).                                                                            


                          From this review of the appellant's disclosure, we have                                                                       
                 determined that the appropriate meaning for the phrase "said                                                                           
                 plurality of mounting holes being formed in an orderly rank                                                                            
                 and file configuration" is that the mounting holes are formed                                                                          
                 in configuration having at least a three by three grid wherein                                                                         
                 the spacing between rows is uniform (i.e., constant) and the                                                                           
                 spacing between the holes in each row is uniform (i.e.,                                                                                
                 constant).        2                                                                                                                    


                          With this meaning of the phrase "said plurality of                                                                            
                 mounting holes being formed in an orderly rank and file                                                                                
                 configuration" having been determined, we now turn to the                                                                              
                 examiner's rejections under 35 U.S.C. § 103.                                                                                           

                          2This meaning is consistent with the appellant's argument                                                                     
                 for patentability set forth on pages 14-18 of the brief                                                                                
                 concerning the two-dimensional adjustability (i.e., X and Y                                                                            
                 coordinates) at the pick-up point.                                                                                                     







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