Ex parte SCHMITT et al. - Page 5




               Appeal No. 1999-2660                                                                           Page 5                  
               Application No. 08/850,313                                                                                             


               having two ends (130 or 170, 180) extending outwardly from opposite sides of the tower unit                            
               (100).                                                                                                                 
                       As for the term "interlace," as seen in Figure 3B, the two end portions (130) of the first                     
               embodiment are each angled twice from the middle portion to form a generally S-shape in                                
               opposite directions such that, when the middle portions of two such pedestals are aligned, the                         
               end portions weave around one another or intertwine to permit the pedestals to be effectively                          
               overlapped.  Similarly, in the second embodiment, as seen in Figure 6B, one end portion (180)                          
               comprises two branches which form a fork or double end adapted to surround the other end                               
               portion (170) of an adjacent pedestal when the middle portions of two such pedestals are                               
               aligned.  While the end portions of the pedestals illustrated in Figures 3B and 6B also pass over                      
               and under one another, by virtue of a downward angle, we note that the appellants'                                     
               specification also contemplates planar end portions (specification, pages 4 and 5).  In a planar                       
               configuration, the end portions, of course, would not pass over and under one another but                              
               would still weave laterally about one another so as to be intertwined.  Therefore, the term                            
               "interlace," when read in light of the appellants' specification, appears to require a weaving or                      
               intertwinement but does not appear to specifically require a passage over and under.                                   
                       Accordingly, consistent with the appellants' specification, we interpret "a single bar" as                     
               used in the appellants' claims as a single piece of material that is longer than it is broad or                        
               wide, and the claim terminology "adapted to interlace" as requiring structure which permits the                        









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