Appeal No. 96-2302
Application 08/260,058
to both an upper support member and a lower support member, with
the support members being mounted across a base in a horizontally
and vertically spaced relationship relative to each other.
In light of our above determination, we cannot agree
with the examiner that Preller teaches structure that corresponds
to the structure (two attachment members, each with one or more
brackets) described and claimed by appellant.
The examiner appears to have alternatively concluded
(answer, page 3) that Preller teaches an equivalent of the
aforementioned attachment member structure described by
appellant. We note that an equivalent can result from an
insubstantial change which adds nothing of significance to a
structure disclosed in a specification. See Valmont Industries
Inc. v. Reinke Mfg. Co. Inc., 983 F.2d 1039, 1043-44, 25 USPQ2d
1451, 1455 (Fed. Cir. 1993). However, we do not perceive from
the teaching of Preller structure which denotes an insubstantial
change (an equivalent) of the two attachment members, each with
one or more brackets, described and claimed by appellant.
RECOMMENDATION
In accordance with 37 CFR § 1.196(d), we recommend
that the examiner reject claim 11, objected to but otherwise
considered allowable, under 35 U.S.C. § 112, second paragraph,
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007