Appeal No. 2000-1634 Page 7
Application No. 09/093,279
opposing arms, a base joining the arms and an open end
opposite the base. In our view, the member 12 as shown in
Figures 1-5 having two generally parallel opposing arms 14 and
16 and a base 18 joining the arms and further having a closed
end 20 opposite the base is not "a generally U-shaped member
having two generally parallel opposing arms and a base" due to
the presence of the closed end 20.2
With this understanding of the phrase "a generally
U-shaped member" as recited in claim 1, it is clear to us that
claim 1 is not anticipated by Pfaar. In that regard, we do
not agree with the examiner's position (answer, p. 3) that
Pfaar discloses in Figure 2 "a general U-shaped member (2)."
As disclosed by Pfaar, reference number 2 refers to a joint
from which extends the steering arms 1, 3 and 4. The portion
of joint 2 shown in Figure 2 of Pfaar that the examiner has
colored in reddish-brown in an attachment to the answer is not
"a generally U-shaped member" as recited in claim 1. While
the cross-section shown in Figure 2 of the joint portion
2 Thus, the appellants have not shown every feature of the
claimed invention as required by 37 CFR § 1.83(a).
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