Appeal No. 1999-1044
Application No. 08/778,392
Col. 6, ll. 3-8. As evidenced by the text reproduced above,
it is clear that when Schmanski's sign is fully assembled and
ready for use, the upper end cap 32 permanently closes the top
edge (as viewed in Fig. 1) of the hollow sign housing and the
lower end cap closes the bottom edge. Thus, neither edge is
open as required by claim 1.
Moreover, we agree with the appellant's argument that
"said hollow sign housing being rotatable about said pivot pin
so that said hollow sign housing is positionable in a
plurality of preselected rotational positions of adjustment
relative to said flat base" as recited in claim 1 under appeal
is not suggested by the applied prior art. In that regard,
neither Neuendorf nor Schmanski teaches or suggests that the
sign housing is rotatable
about a pin so that the housing is capable of being
positionable in a plurality of preselected rotatable
positions.
The examiner maintains that "each of Neuendorf's clamps
10 is inherently pivotally mounted to the sign structure via
pivot pins 21, 56" (answer, p. 5). When an examiner relies
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