Appeal No. 97-1019
Application 08/063,463
Stephens shows utility post 30 or 52 with foot
portion 20a, 20b, for example, resting on floor
construction 20/22/24. Areas between 24 would define
raceways through which utilities such as 34 may extend.
Foot 20a, 20b is open from underneath so as to allow
conduits 34 to pass within post 30 or 52. Thus,
“marginally positioned open foot area . . . disposed
above said race way and communicating therewith.”
Weissenbach et al. Show utility posts 11b, Figs.
13-21, which serve to distribute utilities to a face
thereof as at 30, 31. Fig 21 shows [a] distribution
member having a plurality of channels through which the
conduits run.
Propst et al teaches providing cover members 10, 98 over
open, external channels of a utility post 96. [Page 3.]
The examiner thereafter concludes that it would have been obvious
to modify the utility post 30 or 52 of Stephens to include a
utility outlet and an external utility channel having an
outwardly oriented open face in view of the combined teachings of
Weissenbach and Propst.
We will not support the examiner’s position. First, we
cannot agree with the examiner’s position the foot 20a or 20b can
be considered as having “a marginally positioned open foot area”
as expressly required by each of the independent claims on
appeal. According to the examiner Stephens shows such an
arrangement
by virtue of the lower opening of post 30 lying, or
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