Appeal No. 97-0746
Application 08/135,883
in the application.
The subject matter here claimed is “[a] rack for storing
removable automobile hardtops and the like . . .” (claim 1,2
line 1). According to claim 1, the only independent claim on
appeal, the rack comprises a pair of L-shaped members each
pivotably mounted on a lower end of a vertical frame to
facilitate independent arcuate movement of forward portions of
the L-shaped members about a common axis and in substantially
vertical and parallel planes from horizontal positions to
vertical positions.
A copy of the appealed claims is appended to appellant’s
brief.
The following references are relied upon by the examiner
as evidence of anticipation and obviousness in support of his
rejections under 35 U.S.C. § 102(b) and 35 U.S.C. § 103:
2The recitation “and the like” and similar expressions ordinarily are
regarded as being indefinite. See Ex parte Caldwell, 1906 Dec. Comm’r
Pats. 58 (Comm’r Pats. 1905) and Ex parte Kristensen, 10 USPQ2d 1701
(Bd. Pat. App. & Int. 1989). However, in the present case, it is
apparent that when the expression “and the like” is read in light of
appellant’s specification, it refers to other body panels.
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007