Ex parte SMITH - Page 8




          Appeal No. 1997-2878                                                        
          Application No. 08/287,505                                                  

          shows the claimed base member and a hinged cover member free                
          from apertures wherein the cover member provided limited                    
          access to the owner of the premises while providing complete                
          access to a telephone service employee and wherein the base                 
          member includes an open top having a circumscribing wall                    
          portion with a telephone subscriber loop termination disposed               
          therein.  Further, as depicted in Figure 8 of the design                    
          patent, there are a plurality of slotted post members, as                   
          recited in claim 6.                                                         
               Thus, the rejection of claims 2, 6 and 30 under 35 U.S.C.              
          § 103 over Hampton is reversed, as Hampton is not applicable                
          to these claims due to the priority date accorded the subject               
          matter of these claims.                                                     


               With regard to claims 3 through 5 and 7 through 28, we                 
          will sustain the rejection of these claims under 35 U.S.C. §                
          103 as unpatentable over Hampton.                                           
               Claims 3 and 16, and, therefore, the claims dependent                  
          therefrom, contain, respectively, limitations including “first              
          means for electrically connecting said plug means to said                   
          first set of terminals and second means for electrically                    

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