Appeal No. 98-2164 Page 4
Application No. 08/587,931
with the above-noted arguments (1) through (3) of the
appellant.
With respect to the appellant's arguments (1) and (2), the
answer states that:
Lautenschläger does disclose a lower horizontal
flange (24) with a projection (28a) that extends 3
upwardly. The orientation of the elements to be
lateral or vertical is relative to the other
structural elements in the invention. In this case,
the examiner has interpreted the projection 28a to be
situated in a vertical direction above from [sic]
lower flange 24. [Answer, page 5; footnote added.]
From this explanation, it is difficult to determine
exactly what the examiner intends. If, on the one hand, the
examiner intends simply to "orient" Lautenschläger's drawer on
its side so that projection 28a extends upwardly (e.g., with
reference to Fig. 3, being in an orientation such that the web
20 rests on a horizontal surface) then the web 20 would become
the flange (since the projection is claimed as extending from
the flange) and edge 32 would become the bottom surface. The
3The projections 28a identified by the examiner appear in
the embodiments of Figs. 2-7 where there are a plurality of
such projections on each side whereas independent claim 11
requires that the flange on each side have only a single
projection. We observe, however, that in the embodiment of
Fig. 1 Lautenschläger does provide only a single projection 28
on each side.
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