Appeal No. 97-4260
Application 08/445,660
(1) Claims 8, 9, 11 and 14, anticipated by either of
Shuert or Dresen, under 35 USC § 102(b);
(2) Claims 14, 15, and 17, anticipated by Cool, under 35
USC § 102(b);
(3) Claims 1 to 3, 6, 7, 10, 16 and 17, unpatentable
over Dresen in view of Griffin, under 35 USC § 103.
Rejection (1)
The claims to which this rejection applies call for a
plurality of bosses "in a substantially non-linear
arrangement." Appellants' argument may be summarized as
follows: (1) they may be their own lexicographers; (2) they
have defined "non-linear" in the specification (page 9, lines
13 to 15) as an arrangement wherein "a line formed through the
center of two adjacent bosses does not intersect the center of
any boss adjacent to either of the line defining bosses"; and
(3) neither Shuert nor Dresen anticipates these claims because
in their disclosed pallets, a line can be formed through the
center of two adjacent bosses that intersects the center of a
boss adjacent to either of the line defining bosses (brief,
pages 5 and 6).
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