Ex parte FRATTINI - Page 3




                   Appeal No. 2000-1661                                                                                               Page 3                        
                   Application No. 08/964,460                                                                                                                       


                            Independent claim 39 is the broadest claim, so we shall consider it first.  This claim                                                  
                   reads as follows:                                                                                                                                
                            A leg for an article of furniture comprising:                                                                                           
                                                               1                                                                                                    
                                      said leg including  a single extrusion comprising two vertical channels                                                       
                            being integral portions of said leg and providing vertical structural support for                                                       
                            said furniture, each channel adjacent the other channel and separated by a                                                              
                            wall member;                                                                                                                            
                                      each of said channels including a vertical opening along the axial                                                            
                            length of each channel, the opening of each channel covered by a flexible                                                               
                            member to insert wires into each said channel.                                                                                          
                   This claim stands rejected as being unpatentable over Amey in view of Reuter.  Using the                                                         
                   language of the claim as a guide, in Figure 9 Amey discloses a leg 2 for an article of office                                                    
                   furniture comprising a single extrusion comprising two vertical channels being integral                                                          
                   portions of the leg and providing vertical structural support for the furniture, each channel                                                    
                   adjacent the other channel and being separated by a wall member, each  channel including                                                         
                   a vertical opening along the axial length of the channel, with the opening to each channel                                                       
                   being covered by a flexible member to insert wires in each channel.  We regard Amey’s                                                            
                   members 18 to be flexible because, although such is not explicitly stated in the reference,                                                      
                   they are described as being “releasably engaged” (column 4, line 67), and it is clear from                                                       
                   the description in column 5 and the structure of the invention as illustrated in the drawings                                                    


                            1The phrase “said leg including” merely repeats the preamble of the claim, which                                                        
                   reads “[a] leg . . . comprising.”  This should be corrected.                                                                                     







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