Ex parte EMMONS - Page 8




                 Appeal No. 1999-1523                                                                                     Page 8                        
                 Application No. 08/839,065                                                                                                             


                 1), we nevertheless find that as set forth above that Rensch's                                                                         
                 framework is inherently capable of transferring a lateral load                                                                         
                 from a beam to at least one of the load bearing members (i.e.,                                                                         
                 girders 3E, 3F and 3I).                                                                                                                


                          For the reasons stated above, the decision of the                                                                             
                 examiner to reject claim 1 under 35 U.S.C. § 102(b) is                                                                                 
                 affirmed.                                                                                                                              


                 Claims 2, 3 and 6 to 8                                                                                                                 
                          The appellant has grouped claims 1 to 3 and 6 to 8 as                                                                         
                 standing or falling together.   Thereby, in accordance with4                                                                                  
                 37 CFR § 1.192(c)(7), claims 2, 3 and 6 to 8 fall with claim                                                                           
                 1.  Thus, it follows that the decision of the examiner to                                                                              
                 reject claims 2, 3 and 6 to 8 under 35 U.S.C. § 102(b) is also                                                                         
                 affirmed.                                                                                                                              


                 Claims 4 and 5                                                                                                                         
                          We will not sustain the rejection of claims 4 and 5 under                                                                     


                          4See page 4 of the appellant's brief.                                                                                         







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