Appeal No. 2001-0552
Application No. 09/277,412
inner sheet metal surfaces formed with projections 6, 8 and recesses 7, 9 that intermesh in
the stowed position (see Figure 3A). The projection and recess construction provides
adequate bending strength in each panel, yet results in a composite mated thickness
essentially equivalent to that of a single panel of the same strength (column 4, lines 32-36).
The Examiner’s Position
According to the examiner, the outer panel 1 of Habdas corresponds to the tailgate
of claim 1, and the inner panel 2 of Habdas corresponds to the claimed door panel. The
examiner also finds correspondence between the bracket 14 of Habdas and the claimed
means for restricting rotation of the door panel, and between the pivot pins 5 of Habdas
and the claimed pair of shaft means. Concerning the requirement of claim 1 for a pair of
elongated members secured to the tailgate along opposite edges thereof, the examiner
states:
. . . the unmarked members in which the pins 5 [of Habdas] fit and to which
the stays 13 are attached are elongated members. Applicant contends that
the structure shown by Habdas is not equivalent to the Applicant’s invention
since the installation of the Habdas invention requires the replacement of a
pickup truck’s original tailgate and
Applicant’s invention does not. This contention does not explain why the
structure claimed by Applicant is different than that disclosed by Habdas.
Habdas discloses all the structure claimed by Applicant. [Answer, pages 3-
4, emphasis original.]
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