Appeal No. 2001-0210 Page 4
Application No. 08/560,675
The appellant’s invention is directed to a counterline comprising a series of
individual modules with each module having opposed rectangular side frames structurally
interconnected adjacent a front face thereof and a work surface supported by the side
frames and sized to abut the work surfaces of adjacent modules to provide a continuous
work surface therebetween. To facilitate the passage of wires and lines along the
counterline, at least one longitudinal channel is provided in the front of each module, and
movable means allow the channel to be opened to allow access and closed to hide the
wires and lines from view. In accordance with these features, independent claim 40
recites that each module in the counterline comprises opposed side frames having front
faces and “at least one upwardly opening channel member located adjacent a front face of
said counterline and fixed to each side frame in an open notch thereof” (emphasis added),
and “at least one of said work surfaces and said front cover panel of each module is
movable between a closed position where access to said at least one channel is restricted
to an open position allowing access.”
The examiner is of the opinion that Hoffman discloses all of the subject matter
recited in claim 40 except for connecting a plurality of modules together to form a
counterline. However, it is the examiner’s position that this feature is taught by Newhouse,
and it would have been obvious to one of ordinary skill in the art to utilize a series of the
Hoffman modules to form a counterline. We do not agree.
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