Appeal 2006-1989
Application 09/772,278
Patent 5,996,948
16. Claim 1-3 were rejected under 35 U.S.C. § 102 as being
unpatentable over Andrews, US Patent 1,688,864, issued in October 1928.
Claim 1 was rejected under 35 U.S.C. § 102 and claims 2-7 were rejected
under 35 U.S.C. § 103 as being unpatentable over Fordyce, US Patent
4,718,402, issued in January 12, 1988.
17. Andrews and Fordyce are prior art vis-à-vis applicant under
35 U.S.C. § 102(b).
18. On July 26, 1999, Appellant filed an Amendment (“the
amendment”) responding to the Examiner's first Office action.
19. The amendment amended claims 1, 2, 5, and 6, and cancelled
claim 7. After entry of the amendment, the application claims were 1-6.
20. Claim 1 was amended as follows (underlining indicates
additions and [brackets] indicate deletions):
A wire chafing stand comprising an upper rim of wire
steel which forms a closed geometrical configuration
circumscribing a first surface area, a lower rim of wire steel
forming a closed geometrical configuration circumscribing a
second surface area with said first surface area being larger than
said second surface area and having a plurality of wire legs with
each wire leg having two upright sections interconnected to one
another at a location below the lower rim in a configuration
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