Ex parte KOPISH - Page 8




          Appeal No. 1998-0236                                                        
          Application No. 08/472,536                                                  

          column 3, lines 30-57), the vertically spaced slots are                     
          located in a base wall of a vertical recess 16 in the support               
          post, and the tabs 23b are wedged against inclined side                     
          surfaces 19a and 19b of the vertical recess.  According to                  
          Bridge’s specification (see column 1, lines 44-50 and column                
          3, lines 53-57), the resulting increase in the contact area                 
          between the tabs and the post has the advantage of reducing                 
          the stress forces (referred to as contact pressure in Bridge’s              
          specification) tending to cause deformation of the tabs due to              
          downwardly applied loads.  Appellant even concedes on page 26               
          of the brief that Bridge’s construction reduces the stress                  
          forces on the tabs or tongue elements as they are called in                 
          Bridge’s specification.  Such a teaching would have been ample              
          motivation for one of ordinary skill in the art to modify                   
          Bianco’s posts 12 and frame members 38 in a corresponding                   
          manner to achieve the foregoing advantage.                                  
                 With regard to appellant’s argument in the second full               
          paragraph on page 26 of the brief, the fact that Bianco’s                   
          frame or bracket members would require modification to achieve              
          the advantages disclosed in the Bridge patent is of no moment               
          because claim 2 does not require a bracket construction that                

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