Appeal No. 1999-0636 Page 5
Application No. 08/828,375
Turning first to the examiner's rejection of independent
claim 20 as being anticipated by Martinek, the examiner finds
that
Martinek discloses an expandable partition
comprising a housing means 11, an expandable stiff
partition 16,17,18,19, and a panel means 44.
Inasmuch as the links 18 are secured by pivots 19 to
the vertical bars 17 which are in turn secured to
the housing, the claim recitation "said partition
being pivotably secured to said housing means" is
fully met [answer, page 3].
Appellant argues, inter alia, that (1) "pocket 11" is not
a "housing means" as recited in claim 20 (brief, page 10) and
(2) the Martinek gate (16) is not "pivotably secured to said
housing means" as required by the claim (brief, pages 10
through 12).
As to the appellant's first argument, we find that
Martinek's Figures 1 through 3 and 6 clearly illustrate a
shell-like structure attached to the wall (10) to line at3
least the upper and side faces of the recess in the wall.
That this structure is distinct from the wall itself is
While the reference numeral 11 as shown in Figures 2 and 6 appears to3
be directed at this structure, the reference numeral 11 in Figures 1 and 3
appears to be directed more to the recess or cavity disposed within the shell-
like structure.
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