Ex parte BRUSTLE et al, - Page 4




          Appeal No. 99-1479                                                          
          Application 08/609,991                                                      



          runs on the upper (undulating) flange of pull-out runner 4 (as              
          shown in Figs. 6 and 7), and horizontal fin 18 projects below               
          the upper flange of member 14 to prevent upward lifting away                
          of the pull-out runner (page 4, lines 10 to 13; page 8, lines               
          10 to 14).                                                                  
                    However, there are certain limitations of claim 14                
          which we do not find in Grass AG.  First of all, claim 14                   
          recites that the pull-out runner includes:                                  


                    a lower fixing flange to be connected to                          
                    the drawer, a vertical flange extending                           
                    upwardly from said lower fixing flange, an                        
                    upper running flange extending from said                          
                    vertical flange, at least one horizontal                          
                    fin extending laterally from said vertical                        
                    flange, and a running member.                                     
          As discussed above, runner 4 of Grass AG includes a horizontal              
          fin 18 and a running member 11.  Also, as shown in Fig. 2,                  
          there is a vertical flange extending upwardly from the fin and              
          an upper running flange (the undulating flange with groove 15)              
          which extends from the vertical flange.  Grass AG does not,                 
          however, disclose "a lower fixing flange to be connected to                 
          the drawer" from which this vertical flange extends upwardly,               

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