Ex parte CONSTANTINO et al. - Page 9




            Appeal No. 97-4260                                                                           
            Application 08/445,660                                                                       


            having nine bosses 20 with stepped floors.  With regard to                                   
            claim 14, the bosses at the centers of two adjacent sides of                                 
            the pallet meet appellants' asserted definition of a non-                                    
            linear arrangement, because a line joining their centers (as                                 
            shown in Appendix C of the examiner's answer) does not                                       
            intersect the center of any other boss.  As discussed above,                                 
            that is sufficient to anticipate the non-linear arrangement                                  
            recited in claim 14.                                                                         


                  We also conclude that independent claim 17 is anticipated                              
            by Cool.  This claim calls for a plurality of bosses "in a                                   
            non-symmetrical, non-hinge forming arrangement."  As the                                     
            examiner points out on page 8 of the answer, the claim does                                  
            not require the bosses to be non-symmetrical about each and                                  
            every axis, and while they are symmetrical about the X and Y                                 
            axes, they are "non-symmetrical about the diagonal axis                                      
            because the pallet is rectangular."  Since Cool's bosses are                                 
            non-symmetrical about at least one axis, they meet the "non-                                 
            symmetrical" limitation of claim 17; as with the term "non-                                  
            linear", supra, the term "non-symmetrical" does not exclude a                                
            symmetrical arrangement of the bosses around some axes, but                                  
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