Appeal No. 2001-0045 Page 7
Application No. 09/103,347
lateral extension of said vertical uprights.” As we understand the examiner’s rejection, it
is based on the findings that the vertically oriented flanges constitute the claimed
“spaced vertical uprights” and the center portions of the H-shaped partition frames the
“lateral extensions” thereof.
We do not agree with the examiner that one of ordinary skill in the art would
consider the Hsueh vertical flanges to be “spaced vertical uprights,” and we note in this
regard the several exhibits offered by the appellants in support of this conclusion. Nor
do we agree that the center portion of the partition frames are “in lateral extension” to
the flanges, if for no other reason than they extend upwardly rather than to the side of
them, and therefore do not meet the definition of “laterally.”
This rejection of independent claim 10 and dependent claims 11 and 13-17 is not
sustained.
The Rejection Based Upon DT ‘100
Independent claims 21 and 28 stand rejected as being anticipated by DT ‘100,
which is directed to an assembly set for forming shelving of variable size. Claim 21 sets
forth a skeleton structure having spaced vertical uprights, each of which has an
elongate upright partial enclosure having a main section extending in parallel to a main
section of the vertical upright, first and second lateral sections extending from the main
section in “spaced relationship” respectively to first and second sides of the vertical
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