Ex parte PIENAAR - Page 5




          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,              

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