Appeal No. 2000-0574
Application No. 08/876,321
planar base member (bottom panel 26), a pair of side members
(panels 24, 26) secured by frame members 48, 52 to
longitudinal edges of the base member, a pair of end members
(panels 28, 30) secured to the base member, and a lid assembly
(top panel 20 and frame members 32, 34, 36, 38) mounted to the
side and end members. The end members and side members have
bracket means (vertical frame members 40, 42, 44, 46) mounted
thereto which cooperate to lock adjacent side and end members
together.
Porch's lid assembly defines a chamber which, although
not disclosed for use in this manner, is "capable" of3
receiving and storing the base member and end members with the
side members being mounted on the lid assembly. Claim 14
requires no more than this. Accordingly, we agree with the
examiner that the subject matter of claim 14 is anticipated by
Porch.
Appellant's argument on page 8 of the brief that Porch could not use3
the lid as a container to hold the base and walls is not accompanied by any
evidence or rationale to support appellant's position. In this regard, we
note that claim 14 does not require that the lid chamber be capable of
receiving and storing the base member and end members with the bracket means
(frame members) mounted thereto. The claim does not recite the bracket means
as part of the end members and, further, does not preclude removal of the
bracket means prior to receipt and storage in the lid chamber.
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