Appeal No. 95-2939
Application 08/050,690
attention to the specification at page 4, lines 25-28 which
states:
Once mount 10 is fixed to mounting surface 30,
cable tie strap 26 can be passed through strap
accepting channel 12, seated on offset portion 14 and
engage bundle of wires 28 or the like.
Appellant concludes that in view of the figures and the written
disclosure, the term offset describes an offset planar portion on
a top side of the strap accepting channel. However, planar
portion 14 of Osterland is also an offset planar portion on the
top side of the strap accepting channel as it is offset from the
triangular legs which form the channel which is capable of
accepting a strap.
It is further argued by appellant that Osterland does not
disclose a generally oblong passageway as recited in claim 2.
The strap accepting channel of appellant’s pushmount when viewed
in cross section has an elongated (or oblong) bottom portion with
a shorter upper portion. The channel of Osterland has an
elongated or oblong upper portion with a gradually shortened
bottom portion. We note that the claim recites a "generally"
oblong passageway thereby allowing for deviations from a perfect
oblong passageway. In light of the above, we conclude that
Osterland discloses a generally oblong passageway as claimed.
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