Ex parte NICHOLS et al. - Page 12




                 Appeal No. 2000-1482                                                                                    Page 12                        
                 Application No. 08/995,706                                                                                                             


                 Claims 23, 24, 28 and 29                                                                                                               
                          We will not sustain the rejection of claims 23, 24, 28                                                                        
                 and 29 under 35 U.S.C. § 103.                                                                                                          


                          Claims 23 and 24 include the limitation "a pair of                                                                            
                 positioners at opposing sides of the base."  Claim 28 includes                                                                         
                 the limitations that a first transverse positioner is                                                                                  
                 convertibly coupled to a first side of the plate and a second                                                                          
                 transverse positioner is convertibly coupled to a second side                                                                          
                 of the plate.  Claim 29 includes the limitation that a first                                                                           
                 pair of lateral positioners and a second pair of lateral                                                                               
                 positioners are selectively coupled to sides of the plate.1                                                                            


                          Similar to claim 19 discussed above, the applied prior                                                                        
                 art does not teach or suggest positioners located on the sides                                                                         
                 of the base plate as set forth in the above-noted limitations.                                                                         
                 Accordingly, the decision of the examiner to reject claims 23,                                                                         
                 24, 28 and 29 under 35 U.S.C. § 103 is reversed.                                                                                       

                          1It appears to us that this limitation is not shown in                                                                        
                 the drawings as required by 37 CFR § 1.83(a).  The appellants                                                                          
                 should take appropriate action to ensure that every claimed                                                                            
                 feature is shown in the drawings.                                                                                                      







Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007