Ex parte CONSTANTINO et al. - Page 11




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


            vis the Dresen patent, it appears that, with the possible                                    
            exception of the last paragraph, Dresen discloses all the                                    
            structure recited.  The last paragraph of the claim reads:                                   
            "said bosses being arranged substantially non-symetrically                                   
            about one of said axes".  The "said axes" are defined in the                                 
            claim as:                                                                                    
                        a first axis in the plane of said deck member                                    
                  extending through the center of said deck member                                       
                  running between two non-adjacent sides of said deck                                    
                  member;                                                                                
                        a second axis extending through the center of                                    
                  said deck member in the plane of the deck member                                       
                  perpendicular to said first axis.                                                      
                  We consider that Dresen meets the limitation in the last                               
            paragraph of the claim, since the axes are broadly defined.                                  
            Looking at Fig. 2 of Dresen, for example, the lead line from                                 
            reference numeral 32, if extended across the pallet 10, would                                
            constitute a "first axis" extending through the center of deck                               
            member 13 and running between two non-adjacent sides of the                                  
            deck                                                                                         


            member, as claimed, and a second axis would extend through the                               
            center of the deck member perpendicular to the first axis.                                   
            Since the bosses 22 of Dresen would not be symmetrical about                                 
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