Appeal No. 1999-1485
Application No. 08/317,355
vertically of the corresponding notch 30 in the edge 26, which
may be determined by bringing the two coacting notches into
registration with an edge of the vertical studding." Either
edge 22 or 24 can be positioned horizontally for supporting
studding 18.
The examiner's viewpoint on the obviousness issue is
stated on pages 3 through 8 of the answer. However, akin to
appellant's view (main brief, page 3), it is clear that
McWilliams teaches a way of ensuring that a concrete form
bracket, which does not span a joint, is positioned
horizontally prior to being attached to a board and does not
teach providing alignment indicia at midpoints of the concrete
form bracket. Considering the particular connector plate of
Birckhead (Figs. 1, 2, and 7) with the McWilliams' concrete
form bracket, it is our view that these distinct teachings
would not have been suggestive to one having ordinary skill in
the art of modifying the connector plate of Birckhead, as
proposed, to thereby yield the now claimed gusset plate absent
the use of impermissible hindsight. It is for this reason
that the rejection cannot be sustained.
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