Ex parte KOPISH - Page 12




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

          bosses” by the examiner) do not extend outwardly from the                   
          elements 35a and 37a which the examiner regards as “flanges.”               
          Instead, tabs 57 extend from Gieling’s arms 53, and there is                
          only one tab extending from each arm.  In contrast, claim 10                
          expressly recites that two or more of the mounting bosses                   
          (which engage the internal wall structure of the post                       
          sections) extend outwardly from each of the connector’s                     
          flanges.  Furthermore, Gieling’s disclosure that each of the                
          tabs 57 fits securely in an aperture 23 (see column 4, lines                
          46-47) does not necessarily mean that the fit is an                         
          interference fit.  In contrast, claim 10 recites that the                   
          mounting bosses engage the internal wall structure of the post              
          sections with an interference fit.                                          
                 For the foregoing reasons, we will not sustain the                   
          rejection of claim 10.                                                      
                 Turning now to the rejection of claim 15, the only                   
          argument supporting patentability of this claim over the                    
          examiner’s proposed combination of Bianco and Novitski is that              
          “Novitski clearly shows the tabs being formed on a base 17                  
          which is in the same plane as the end wall of the cabinet, and              



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