Appeal No. 96-0494
Application 07/974,209
pointed out by appellant at oral argument, the examiner has not
identified in the prior art any suggestion to rearrange Tanaka’s
rib so that it mates with a gap when the guard panel is closed.
Without establishing such a suggestion, the rejection cannot be
sustained.
CONCLUSION
The rejection of Claims 1-3 is not sustained.
REVERSED
STANLEY M. URYNOWICZ, Jr. )
Administrative Patent Judge )
)
)
)
LEE E. BARRETT ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JAMES T. CARMICHAEL )
Administrative Patent Judge )
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