Appeal No. 97-3000
Application 08/370,867
776 F.2d 281, 297 n.24, 227 USPQ 657, 667 n.24 (Fed. Cir. 1985),
cert. denied, 475 U.S. 1017 (1986); ACS Hosp. Sys., Inc. v.
Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed.
Cir. 1984).
In the present case it is clear to us that the applied
prior art patent to Lyman has no teachings that are relevant to,
or in any way establish the obviousness of, the left and right
side edge members, the top and bottom edge members, or the means
for securing the ends of the top and bottom edge members to the
ends of the respective left and right side edge members, as set
forth in appellant's independent claim 1 on appeal, or the same
structure defined in somewhat different language in independent
claims 9 and 12 on appeal. Given this determination, it follows
that we will not sustain the examiner's rejection of claims 1
through 4, 9, 12, 14 and 15 under 35 U.S.C. § 103 as being
unpatentable over Lyman.
A review of the patents to Astolfi, Waller and
Abatiell, applied by the examiner against dependent claims 5
7
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