Ex parte BRUSTLE et al, - Page 6




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



          the two running flanges of the associated supporting runner                 
          (14)" is not in accordance with the disclosure of Grass AG,                 
          since element 3 of Grass AG is the supporting runner, not a                 
          flange of the pull-out runner.                                              
                    Accordingly, since Grass AG does not disclose every               
          limitation of claim 14, it does not anticipate either claim 14              
          or the claims dependent thereon, claims 15, 16, 22 and 23.                  
                    Turning to independent claim 30, we note that Grass               
          AG shows a plate 22 for mounting the end of supporting runner               
          3 to                                                                        
          cabinet 1, but item 22, while it appears from Fig. 9 to have                
          upper and lower tabs, is not described in sufficient detail to              
          determine whether it would meet all the limitations of claim                
          30.  The examiner nevertheless apparently is of the opinion                 
          that the                                                                    




          retaining plate recited in claim 30 is readable on some other               
          apparatus disclosed in Grass AG, since he states on page 5 of               
          the answer that "[w]ith claim 30, the upper retaining tab and               

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