Appeal No. 95-2939
Application 08/050,690
only necessary that Osterland include a channel which is capable
of accepting a strap to read on the limitation of a "strap
accepting channel." Osterland clearly discloses a channel
defined as the space between planar top 14 and the triangular
upper body portion. In addition, this channel is capable of
accepting a strap therein.
Appellant also argues that Osterland teaches away from a
strap accepting channel in that toothed tabs 16 and 18 would
damage any strap which engaged the triangular portion. We do not
find this argument persuasive because claim 1 is directed to a
pushmount with a strap accepting channel not a strap per se. As
such, the language of claim 1 is broad enough to include a strap
accepting channel for a strap formed of any material including
material which would not be affected by the tabs 16 and 18.
In regard to the second limitation of an "offset planar
portion," the appellant argues that it is improper to read claim
1 such that the offset planar portion and the top of the channel
are one and the same. However, as claim 1 recites "said strap
accepting channel including an offset planar portion"
(underlining ours), claim 1 establishes that the offset planar
portion is part of or included in the strap accepting channel.
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