Appeal No. 2004-2256
Application 10/042,738
halves with their posts and bores are indistinguishable from the
structure and function of the claim 13 barbs and receivers.
Moreover, these frame halves of Suh are shown in figure 8 in the
install orientation defined by claim 13. Finally, it appears to
be not just reasonable (see Ex parte Levy, 17 USPQ 1461, 1463-64
(Bd. Pat. App. & Int. 1990)) but indisputable that patentee’s
frame halves are inherently capable of achieving the here claimed
ship orientation. For example, in a pre-connected condition,
frame half 140 plainly would be capable of being rotated in its
own plane to an orientation of 90/ relative to that shown in
figure 8. In such an orientation, the frame halves 130 and 140
would be perpendicular to one another and thus in a disposition
capable of being regarded as a “ship orientation.” Further, the
posts/bores (i.e., the here claimed barbs/receivers) would be
engageable with each other only when, as required by claim 13,
the frame half 140 is rotated back to the install orientation
shown in figure 8.
In light of the foregoing, an exploration of the
anticipation issue raised herein is deserving of attention by the
examiner and the appellant. For this purpose, therefore, we
hereby remand this application to the examiner.
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