Ex parte BRUSTLE et al, - Page 5




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



          but rather, the fin 18 is at the lowermost point on the                     
          vertical flange.  The examiner asserts at pages 4 to 5 of the               
          answer that "the lower fixing flange can be considered to be a              
          horizontal part of fin (18)," but we do not agree, because the              
          horizontal fin is recited as "extending laterally from said                 
          vertical flange," and the vertical flange as "extending                     
          upwardly from said lower fixing flange."  Element 18 of Grass               
          AG cannot be read both as the recited lower fixing flange and               
          as the horizontal fin, as the examiner apparently intends,                  
          because both of the quoted limitations describing how the fin               
          and the vertical flange  extend would not be met.                           
                    Another limitation of claim 14 not present in Grass               
          AG is the requirement for the upper running flange of the                   
          pull-out runner to be "extending above and covering said upper              
          and lower running flanges of said supporting runner," since in              
          Grass AG the upper running flange (at 15) of pull-out runner 4              
          does not cover the upper and lower flanges of element 14 on                 
          supporting runner 3, but instead extends in the opposite                    
          direction.  The examiner's statement on page 4 of the answer                
          that "the running flange (3) of each pull-out runner covers                 

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