Ex Parte WULFERT et al - Page 5



          Appeal No. 2001-1845                                                        
          Application 09/093,454                                                      

          As for appellants’ comments on our treatment of dependent                   
          claims 2, 3, 12 and 13, we see no reason to change our view as              
          set forth on page 6 of the earlier decision.  The broad                     
          recitation that the steel anchor frames of appellants’ invention            
          are “rectangular in configuration” does not distinguish over the            
          anchor members (68, 70, 72) of Pracht which we view as each                 
          broadly constituting a frame that is “rectangular in                        
          configuration,” at least in plan view.  Appellants have not in              
          the claims on appeal defined a steel anchor frame with vertical             
          and horizontal members connected together to define a rectangular           
          frame like that depicted in Figure 3 of the application drawings            
          (at 38).                                                                    

          In light of the foregoing, appellants’ request is granted to                
          the extent of reconsidering our decision, but is denied with                
          respect to making any changes therein.                                      








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