Ex parte HUBERT - Page 5




                 Appeal No. 97-3754                                                                                                                     
                 Application 08/302,504                                                                                                                 



                                   We do not consider this position to be well taken.                                                                   
                 While Barclay’s arrays of rollers 41, 53 might, in some con-                                                                           
                 texts, be considered “walls,” they cannot be in the present                                                                            
                 case because the claims recite the walls and rollers as sepa-                                                                          
                 rate elements.  Thus, independent claims 1 and 10 call for a                                                                           
                 tunnel having various walls in part (b) and a plurality of                                                                             
                 rollers “disposed on and parallel to” each of the walls in                                                                             
                 part (c).  These limitations are not met by the rollers 41, 53                                                                         
                 of Barclay, because Barclay’s rollers clearly cannot at the                                                                            
                 same time both constitute the walls and be “disposed on and                                                                            
                 parallel to” the walls.  The frames 51, 57, 59 on which                                                                                
                 Barclay’s rollers are mounted are themselves not “walls.”4                                                                             
                                   In view of the foregoing, we conclude that Barclay                                                                   
                 does not disclose or suggest the apparatus recited in claims 1                                                                         


                          4  The American College Dictionary (Random House, 1970)                                                                       
                 defines “wall” as:                                                                                                                     
                          1. an upright work or structure of stone, brick, or                                                                           
                          similar material, serving for enclosure, division,                                                                            
                          support, protection, etc., as one of the upright                                                                              
                          enclosing sides of a building or a room, or a solid                                                                           
                          fence of masonry . . . 3. anything which resembles                                                                            
                          or suggests a wall . . . 4. a wall-like enclosing                                                                             
                          part, thing, mass, etc.                                                                                                       
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