Appeal No. 1998-0236
Application No. 08/472,536
references could be combined to arrive at the claimed post
construction is through hindsight based on appellant’s
disclosure.
Turning now to the rejection of claim 2, there is no
dispute that Bianco’s frame member 38 is in the form of a
bracket supporting and thus connected to a side rail of the
bed. There also is no dispute that the Bianco’s member 38 is
formed with tabs which are removably engageable in vertical
spaced slots in each support post. Thus, claim 2 differs from
Bianco only by reciting that the vertically spaced slots are
formed in a wall of a vertical recess in each post. Appellant
has made no argument to the contrary. Instead, the only
argument supporting patentability of claim 2 is that Bridge
does not suggest the examiner’s proposed modification of
Bianco as set forth on pages 8 and 9 of the answer. We
disagree.
In Bridge’s post and bracket arrangement, vertically
spaced slots 19 are formed in the support post 10 to receive
tabs 23a, 23b on a bracket or frame 12 to support a load-
receiving beam or cross piece 11. As described in Bridge’s
specification (see, for example, column 1, lines 20-50, and
7
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