Ex parte GOLDSHER et al. - Page 5




          Appeal No. 2000-0450                                                        
          Application No. 09/047,048                                                  


          over the prior art, rather than a structural limitation.  Cf.               
          In re Collier, 397 F.2d 1003, 1006, 158 USPQ 266, 268 (CCPA                 
          1968) and In re Gregg, 244 F.2d 316, 317, 113 USPQ 526, 529                 
          (CCPA 1957) ("it is well settled that claims drawn to                       
          structure cannot be allowed unless they recite some structural              
          difference over the prior art").  As for the claimed bracket,               
          Matthysse discloses the bracket 15 attached to supporting                   
          structure 12.                                                               
               Finally, with regard to appellants' argument that the                  
          Matthysse bracket does not allow vertical adjustment of the                 
          pipe,                                                                       


          claim 10 recites "in said locked position said locking                      
          portion . . . securing said pipe in a vertical position, in                 
          said unlocked position said locking portion allowing vertical               
          movement of said pipe."  Giving this language its broadest                  
          reasonable interpretation, and not reading limitations                      
          thereinto from the specification, In re Van Geuns, 988 F.2d                 
          1181, 1184, 26 USPQ2d 1057, 1058 (Fed. Cir. 1993), we consider              
          it to be readable on Matthysse.  The bracket 10 of Matthysse                
          secures pipe 18 in a vertical position in the sense that the                
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