Appeal No. 2000-0520
Application No. 08/956,160
requiring the wall on each bracket to be "annular."
Notwithstanding the examiner's apparent finding to the
contrary (see pages 5 and 6 in the answer), the wall defined
by these wall portions is not "annular" under any ordinary and
accustomed meaning of this term. It is not apparent, nor has2
the examiner explained, why this difference between the
claimed subject matter and the prior art is such that the
subject matter as a whole would have been obvious at the time
the invention was made to a person having ordinary skill in
the art.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 9, or of claim 10 which depends
therefrom, as being unpatentable over the admitted prior art
in view of Katz.
2For example, Webster's New Collegiate Dictionary (G. &
C. Merriam Co. 1977) defines the term "annular" as meaning
"of, relating to, or forming a ring." Although Webster's
presents numerous definitions of the term "ring," all of those
which are reasonably pertinent to the term "annular" denote an
element which has a circular (as opposed to rectangular)
configuration.
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