Appeal No. 2000-1661 Page 4
Application No. 08/964,460
that they must be flexed in order to permit them to be installed in notches 17 and held in
place therein. In this regard, the hatching of members 18 shown in Figure 9 indicates that
they are plastic. With regard to the functional phrase “to insert wires into each said
channel,” it is our view that this is satisfied by Amey’s members 18, for they are removable
in order to allow wires to be inserted into each channel. It should be recognized that claim
39 does not require that the flexible members remain fixed to the extrusion as wires are
inserted into the channels.
The appellant has argued that members 18 cannot be flexible because “Amey also
discloses installing electrical outlets in this same manner” (Brief, page 5). This is not the
case, for it is clear from Figure 10 and the description relating to it in column 4, lines 7 and
8 (“showing one of the cover hoods removed”), that the electrical outlets are not installed
on members 18, but are located behind them, apparently in the unnumbered vertical slots
shown in Figure 9 at the open ends of the channels.
It is our conclusion that all of the subject matter recited in independent claim 39 is
disclosed by Amey. Such being the case, this reference anticipates the claim and,
2
anticipation being the epitome of obviousness, we therefore will sustain the rejection of
claim 39. Since the appellant has chosen to group dependent claims 40-43 with claim 39
(Brief, page 3), we also shall sustain the rejection of these claims.
2In re Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982).
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