Ex parte BRUSTLE et al, - Page 8




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



          cabinet 21.  The walls above and below opening 74 of the plate              
          72 constitute tabs, as broadly recited, and the side walls are              
          a positioning structure to laterally support the end of runner              
          50.                                                                         
          (2) Claim 33 is rejected under 35 U.S.C. § 103 as unpatentable              
          over Rasmussen in view of Grass AG. To use lugs instead of                  
          screws 79 to mount plate 72 would have been obvious in view of              
          Grass AG's disclosure at page 9, lines 14 to 16, that either                
          screws or lugs may be used to mount such a plate.                           
          Conclusion                                                                  
                    The examiner's decision to reject claims 14 to 16,                
          22, 23, 30, 32, 33, 35 and 36 is reversed.  Claims 30 and 33                
          are rejected pursuant to 37 CFR § 1.196(b).                                 
                    This decision contains new grounds of rejection                   
          pursuant to 37 CFR § 1.196(b) (amended effective Dec. 1, 1997,              
          by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10,                 
          1997),                                                                      
          1203 Off. Gaz. Pat. and Trademark Office 63, 122 (Oct. 21,                  
          1997)).  37 CFR § 1.196(b) provides that "[a] new ground of                 



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