Ex Parte SEIBER et al - Page 4



          Appeal No. 2001-0734                                                        
          Application 09/071,264                                                      

          the partition system seen in Pollock ‘386 is fully responsive to            
          that defined in appellants’ independent claims 31 and 44 on                 
          appeal.  In that regard, we note that the partition system of               
          Pollock ‘386 seen in Figure 9 includes an open-framework                    
          partition (distinct from that portion of the partition system               
          carrying wall panel 110) wherein the partition includes an upper            
          horizontal frame member (21) having a first horizontal row of               
          discrete attachment points (e.g., 43 as seen in Figure 3, but un-           
          numbered in Fig. 1) capable of supporting a furniture unit2; and            
          a floor channel (20) like that defined in appellants’ independent           
          claims on appeal, having a second row of discrete attachment                
          points (e.g., 42, 43 as seen in Figure 3, but un-numbered in Fig.           
          1) corresponding to the first horizontal row of discrete                    
          attachment points and also capable of supporting a furniture                
          unit.                                                                       

               Contrary to appellants’ arguments in their brief (pages 8              
          and 9), and as can be clearly seen in Figure 9 of Pollock ‘386,             


               2  As noted on page 1 of appellants’ specification, a                  
          “furniture unit” can be an additional partition or other                    
          accessory that is intended to be interconnected to the partition            
          in locations in front of the partition.                                     
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