Appeal No. 2003-0371 Page 5
Application No. 09/465,941
appellant’s invention does not eliminate it a proper reference, as the appellant argues,
for that is not a requirement for anticipation. Verdegaal Brothers Inc. v. Union Oil Co. of
California, supra.
Insofar as the structure recited in the body of claim 1 is concerned, Woods
discloses an assembly comprising a support member 81, a plurality of elongate
members 30 each attached at one end to the support member in spaced apart
positions along the support member and hanging downward from the support member,
and at least one releasable holder 60, 62 on each elongate member, the holders being
positioned to support at least one aircraft stringer at spaced apart positions to enable
the stringer to be supported “at” an aircraft assembly jig “for” loading thereon, as is
required by the claim.
Woods therefore discloses all of the subject matter recited in claim 1, and the
rejection of claim 1 as being anticipated by Woods is sustained.
Inasmuch as stringer holding clips 62 can be opened to enable a stringer to be
positioned therein and released therefrom, claim 3 also is anticipated by Woods.
We reach the same conclusion with regard to claim 4, which requires that the
holder be openable by means of a releasable spring clip, for Woods utilizes an
openable spring clip in the “destaco” clamping system described in column 5.
The rejection of claim 9 is sustained inasmuch as each of Woods’ elongate
members 30 has a plurality of holders at spaced apart intervals.
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