Appeal No. 96-2302
Application 08/260,058
We do not sustain the examiner's rejection of
appellant's claim as being anticipated by the Preller patent.
This panel of the board is in accord with appellant's
viewpoint that the "attachment means for securing" recitation of
claim 9 is a sixth paragraph (35 U.S.C. § 112) means recitation
that must be construed to cover the corresponding structure
described in the specification and equivalents thereof. See
In re Donaldson, 16 F.3d 1189, 1195, 29 USPQ2d 1845, 1850 (Fed.
Cir. 1994).
With the above in mind, we understand the afore-
mentioned means plus function recitation to cover the described
(specification, pages 2 and 5) two attachment members 13.1 (one
shown in Figure 1), each with one or more brackets for securing a
(first) vehicle body thereto. The attachment members secure the
first vehicle body to both the upper support member (12.4) and
the lower support member (12.3).
A review of the Preller patent reveals to us that this
document fails to address two attachment members, each with one
or more brackets for securing a first vehicle thereto, the
attachment members respectively securing the first vehicle body
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