Appeal No. 98-1183 Page 10
Application No. 08/352,513
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Purves and claim 8,
it is our opinion that the only differences are the
limitations that (1) the vertical member has an adjustment
means disposed thereon for selectively adjusting the length
thereof, and (2) the at least one cross member has at least
one element extending beyond its top surface.
With regard to these differences, the examiner determined
(answer, p. 4) that
[i]t would have been obvious at the time of the invention
for one having an ordinary level of skill in the art to
have provided the vertical support member of the British
patent's [Purves] trestle with a height adjusting means
and to also have provided the cross member [of Purves]
with extending elements as taught by Reynolds in order to
better support the article on the British patent's
trestle and subsequently position it at a selected
height.
We agree.
We find the appellant's argument (brief, pp. 8-10) with
respect to claim 8 unpersuasive for the following reasons.
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