Ex parte DUESTERHOEFT et al. - Page 12




          Appeal No. 1997-3403                                                       
          Application No. 08/032,889                                                 


               With respect to claims 4, 8 and 12, representative claim              
          4, like claims 8 and 12, contains the recitation of the type               
          “latching engagement with a corresponding latching projection              
          along said corresponding wall section of said panel.”  The                 
          Examiner alleges that such a latching mechanism is “well                   
          known” in the art [answer, page 5].  We do not agree because               
          claim 4 calls for certain inter-fitting elements which coact               
          to make the latching mechanism operate.  Such elements are not             
          shown by the applied prior art.  Therefore, we do not sustain              
          the obviousness rejection of claim 4 and of its grouped claims             
          8 and 12 over Smith and Rodrigues.                                         
               In summary, we have sustained the decision of the                     
          Examiner under 35 U.S.C.  103 rejecting claims 1 to 3, 5 to               
          7, 9 to 11 and 13 to 15, but have not sustained the decision               
          with respect to claims 4, 8 and 12.  Accordingly, we affirm-               
          in-part.                                                                   
               No time period for taking any subsequent action in                    
          connection with this appeal may be extended under 37 CFR                   
          1.136(a).                                                                  
                    AFFIRMED-IN-PART                                                 


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