Appeal No. 95-3114
Application 08/051,800
combination of Dutschka '718 and Morsch or Rauthmann, i.e., the
device being at least partly fixed in position by cooperation
with the masking or sealing strip (claims 2, 7, 12, 17, 22 and
26), or the anchorage portion having a catch-like or catching
portion and locking portion (claims 4, 10, 15, 20 and 25).
Rejection 3
The Barbero and Tittel references each disclose devices
(Barbero 12, Tittel 26 (Fig. 5)) for attaching a load carrier to
a vehicle, the devices being attached to the vehicle by welding
or gluing (Barbero, page 3, lines 14 and 15), or by screws 16
(Tittel).
We will sustain the rejection of claim 1, 6 and 21 based on
Barbero, but not based on Tittel. Since the Barbero device is
welded or glued to the vehicle, it requires modification of the
vehicle “only ... to the extent that the device is anchored
thereto,” whereas the Tittel device requires the drilling of
holes in the vehicle for the reception of screws 16 and insert
nuts 12. Barbero otherwise meets all the limitations of claims
1, 6 and 21 (being in a space behind a sealing strip 14), except
that its engagement member 22 is not disposed outside the contour
of the vehicle, but for reasons discussed above, we conclude that
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