Appeal No. 1998-0357
Application 08/258,429
Independent claim 41 recites a table leg assembly
comprising a leg member defining upper and lower ends, an
axially extending foot member, and a mounting member which (1)
is separate from the leg and foot members, (2) is engaged with
the lower end of the leg member and the upper surface of the
foot member and (3) includes an upper connection arrangement
for securement to the lower end of the leg member and a lower
connection arrangement for securement to the foot member. The
examiner has found that Gutmann’s vertical support column 14
and longitudinal beam 8 constitute a leg member, Gutmann’s
plug-in beam 12 constitutes a foot member and Gutmann’s
lateral beam 10 constitutes a mounting member (see page 4 in
the answer). Even if this somewhat tenuous analysis is
accepted at face value, it still fails to provide a solid
foundation for the examiner’s conclusion of obviousness. More
particularly, Gutmann’s mounting member (lateral beam 10) is
not separate from the leg member (column 14 and longitudinal
beam 8) and does not include an upper connection arrangement
for securement to the lower end of the leg member and a lower
connection arrangement for securement to the foot member
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