Ex parte EBERLE, III - Page 5




          Appeal No. 2001-0217                                                        
          Application No. 09/186,741                                                  

               In light of the appellant’s position, we shall summarily               
          sustain the standing 35 U.S.C. § 112, second paragraph,                     
          rejection of claims 27 through 29.                                          
          II. The 35 U.S.C. § 103(a) rejections                                       
               Ellinwood, the examiner’s primary reference, discloses a               
          “floating wall” system which employs a T-shaped element to                  
          attach wall and ceiling panels to underlying studs in a                     
          “floating” manner.  As shown in the drawing figures, the T-                 
          shaped element, which is affixed to the stud by a nail 28,                  
          comprises a base 24 which engages the stud 10 and side flanges              
          25 which extend partially into grooves 20 in the confronting                
          edges of adjacent panels 11.                                                
               Contrary to the findings made by the examiner (see pages               
          4 and 5 in the answer), Ellinwood’s T-shaped element does not               
          respond to the limitations in independent claims 18 and 27                  
          requiring a substantially flat horizontal top element having                
          “a generally biscuit-shaped top view configuration,” the                    
          limitation in claim 18 requiring “at least two” substantially               
          vertical                                                                    
          support members attached to an underside of the top element,                
          or the limitation in claim 27 requiring the vertical support                

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