Appeal No. 99-0096
Application 08/640,236
U.S.C. § 102(e) as being anticipated by Brosfske and under 35
U.S.C.
§ 103(a) as being obvious over Brosfske.
Reference is made to the appellants’ brief (Paper No. 7)
and to the examiner’s answer (Paper No. 10) for the respective
positions of the appellants and the examiner with regard to
the merits of these rejections.
Brosfske discloses a cargo stabilizer installed in the
box 12 of a pickup truck 10. The stabilizer includes, inter
alia, a pair of elongated channel-shape side rails 24
respectively secured to the sidewalls 16 of the pickup box, a
plurality of channel-shape crossbars 26 extending between the
side rails 24 and a telescoping bar 42 composed of members 50,
52 extending between adjacent crossbars 26 (see Figures 2 and
14). The side rails 24, crossbars 26 and telescoping bar 42
contain respective sets of spaced holes which allow these
members to be adjustably secured to one another via pin
assemblies 29.
Turning first to the standing 35 U.S.C. § 102(e)
rejection, anticipation is established only when a single
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Last modified: November 3, 2007