Appeal No. 2000-1622
Application No. 08/752,445
building is common to both bath room and kitchen." It is
evident that units 10 and 50 do not provide the wall between
the bath room and kitchen, for if they did, there would be no
wall between the bathtub (lower right of Fig. 3) and the
kitchen. Rather, Groeniger’s units 10, 520 are positioned
against the wall, as shown.
In any event, this issue is somewhat irrelevant to the
question of anticipate, as are appellant’s arguments that
Groeniger does not teach or suggest putting his invention in a
stud wall (brief, pages 30 and 41), since these arguments
relate to obviousness under § 103, rather than anticipate
under § 102. Claim 66 does not recite any particular distance
between consecutive studs, nor, as appellant emphasizes on
page 20 of the brief, are the studs included in claimed
combination. Also, the distance between consecutive stubs may
vary widely from the conventional 16-inch or 24 inch spacing,
depending on the circumstances; as appellant states in the
amendment (filed Sept. 3, 1998) to page 27, line 8 of the
specification
Studs are usually spaced 16 inches, center
to center. However, the spacing between
consecutive, or successive, studs may be greater
8
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