Ex parte FAILOR - Page 5




          Appeal No. 1999-0213                                       Page 5           
          Application No. 08/814,550                                                  


          than its ordinary meaning.  Although the compartments in                    
          Vaccaro’s front and rear sections, because of their sloping top             
          surfaces, are not as deep overall as the center section, it                 
          does not necessarily follow that they are “beneath the level of             
          said center section.”                                                       


               Since Vaccaro does not disclose every limitation recited               
          in claim 1, expressly or inherently, it does not anticipate                 
          that claim.  See In re Schreiber, 128 F.3d 1473, 1477, 44                   
          USQP2d 1429, 1431 (Fed. Cir. 1997).  Claims 2, 3, 5 to 11, 13,              
          14, 16 to 21 and 23, all of which are directly or indirectly                
          dependent on claim 1, are likewise not anticipated.                         


          Conclusion                                                                  


               The examiner’s decision to reject claims 1 to 3, 5 to 11,              
          13, 14, 16 to 21 and 23 is reversed.                                        


                                       REVERSED                                       










Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007