Ex parte FUNK et al. - Page 3




          Appeal No. 1998-0357                                                        
          Application 08/258,429                                                      


               Claims 18 through 21, 24 through 31 and 33 through 40                  
          stand rejected under 35 U.S.C. § 103(a) as being unpatentable               
          over Newhouse in view of Grund, taken with or without Arnold,               
          and further in view of Gutmann.                                             


               Reference is made to the appellants’ brief (Paper No. 23)              
          and to the examiner’s answer (Paper No. 24) for the basic                   
          positions of the appellants and the examiner with regard to                 
          the merits of these rejections.  As noted below, the                        
          appellants’ counsel has since conceded that certain of the                  
          claims on appeal recite unpatentable subject matter.                        
               With regard to the rejection of claims 41 through 46,                  
          Gutmann discloses a cabinet module for use with a computer                  
          work station.  The module includes a base frame 7 consisting                
          of a longitudinal beam 8, two lateral beams 9 and 10 and two                
          plug-in beams 12 and 13 which can be inserted into the open                 
          ends of lateral beams 9 and 10 for additional stability, a                  
          vertical support column 14 extending upwardly from the base                 
          frame 7 and a cabinet body 1 adjustably mounted on the                      
          vertical support column.                                                    


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