Ex parte DORIUS et al. - Page 7




          Appeal No. 1999-1542                                                        
          Application No. 08/806,864                                                  

          rails 13 and 14 (brief at page 8), and that Le Van’s side rails             
          13 and 14 are only marginally offset from the trailing edge                 
          rather than being shorter in size, see Figure 1 of Le Van.                  
          Furthermore, Appellants argue that Chhabra also does not show               
          the shortening of the side rails of a U-shape rail with respect             
          to the outwardly located progressive-elevation side rails at the            
          edge of the slider (brief at page 9).  Finally, Appellants                  
          maintain (brief at page 11)                                                 
          that “there is no suggestion of combining the teachings of the              
          references to anticipate [sic, to make obvious] claim 12 [rather            
          claim 21].”                                                                 
               The Examiner in response to Appellants’ arguments merely               
          repeats his position at pages 5, 6 and 7 of the Examiner’s                  
          answer.                                                                     
               We are persuaded by Appellants’ position.  Le Van’s side               
          rails  13 and 14 which the Examiner has labeled as the side                 
          rails of the U-shape rail 15 are not shorter relative to the                
          side edges as suggested by the Examiner but are rather of the               
          same size (compare 23a and 1 in Yoneoka’s Fig. 1).  The offset              
          of side rails 13 and 14 in Le Van at the trailing edge is simply            



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