Appeal No. 2001-0045 Page 6
Application No. 09/103,347
Independent claim 24 is directed to an equipment rack and requires vertical
uprights, a cross piece structure attached to and extending between vertical uprights
and forming a corner at each of the vertical uprights, and a strut plate extending inside
of the vertical upright and inside the cross piece structure in spaced relationship to the
corner at an angle from a distance from that corner at the vertical upright to a distance
at that corner from the cross piece structure. The examiner is of the view that this finds
correspondence in the frontal vertical portion of member 16 of Anderson’s Figure 4.
We do not agree, for the member pointed out by the examiner extends between a side
member and a cross piece structure and not between a vertical upright and a cross
piece structure, as is required by the claim. The rejection of claim 24 and depending
claim 27 is not sustained.
The Rejection Based Upon Hsueh
This rejection involves claims 10, 11 and 13-17.
Hsueh is directed to a frame structure for use in setting up partition walls. The
structure comprises a plurality of H-shaped partition frames 1 attached together by
horizontally extending upper and lower mounting plates 2 (Figure 2). Each mounting
plate 2 has a vertically oriented flange 21 that is attached to the upper or lower portions
of the partition frames 1.
Claim 10 recites spaced vertical uprights supplemented by distinct spaced
equipment mounting structures having first sections constituting side wall structures “in
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