Appeal No. 2000-1651
Application No. 08/871,923
obvious for the purpose of providing mating
surfaces in the collapsed container of
Matzen.
In the present case, appellant argues that the circular cross-
section of the longitudinal members is significant in that
(brief, page 9):
The circular shape allows the use of standard
electrical conduit (which is circular) and standard
conduit fittings. The use of standard electrical
conduit has a number of important advantages. For
example, standard conduit is relatively inexpensive
to fabricate and/or purchase. Further, electrical
conduit is easy to handle, assemble and bend on the
job site using existing tools. Also, circular-
section conduit can be threadably connected, thereby
eliminating the need for screw fasteners as used in
the prior art. Thus, appellant's system is
economically fabricated and is readily modified and
installed on the job site without the need for
special equipment.
In response to this argument, the examiner contends (answer,
pages 9 and 10):
the reasoning behind the applicant's use of a
tubular member having a circular cross-section is
for the purpose of allowing the members to be
threadably connected or made of standard electrical
conduit however; [sic] the applicant does not claim
these limitations within the scope of the claim
language. These limitations may be improved
advantages over the prior art however, without the
applicant specifically claiming these limitations
within the claims the examiner is obligated to
examine the claims as presented without reading the
specification into the claim.
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