Appeal No. 1999-0636 Page 6
Application No. 08/828,375
evident from the different cross-hatching used by Martinek.
Notwithstanding that Martinek does not refer to this structure
as a "housing" or "housing means," we agree with the examiner
that this shell-like structure responds to the "housing means"
limitation of claim 20.
We do, however, agree with the appellant's second
argument that the gate (16) of Martinek is not "pivotably
secured to said housing means." While we appreciate that flat
bars (18) of Martinek's gate are pivotably mounted to vertical
bars (17) of the gate so as to permit folding and expansion of
the gate, we note that the pivotable securement of portions of
the gate to other portions of the gate does not meet the claim
limitation that the gate be pivotably secured to "said housing
means." Based on our review of Martinek, it appears that the
gate (16) is fixedly (not pivotably) secured at one end (end
bar 24) relative to the shell-like structure via a frame (12)
and fixed member
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