Ex parte HENRIOTT - Page 8




          Appeal No. 1999-0632                                       Page 8           
          Application No. 08/744,692                                                  


          weight-bearing cylindrical mounting posts (39,40) of Friedman.              
          In our opinion, while it would have been apparent to one of                 
          ordinary skill in the art that the slot arrangement (100)                   
          taught by Boundy engages one edge of the trough slot (90) to                
          help secure the housing (78) at the upper end thereof, one of               
          ordinary skill in the art would not have considered such a                  
          securement desirable for a weight-bearing junction between the              
          upper end of the mounting post (39,40) and a modular unit of                
          the Friedman merchandise display structure.                                 
               Moreover, we do not consider reasonable the examiner's                 
          characterization of the Friedman merchandise display structure              
          as a "desk" system.                                                         
               Where words in the preamble of a claim are essential to                
          point out the invention defined in the claim, those words do                
          constitute a limitation which must be accorded weight in                    
          interpreting the scope of the claim.  See Kropa v. Robie, 187               
          F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).                                
               In our judgement, the words "desk system" give life and                
          meaning to the claim, for it is only by that phrase that it                 
          can be known that the subject matter defined by the claim is                
          comprised of a desk system.  Every structure comprising a work              







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