Appeal No. 2001-0734
Application 09/071,264
or teach a floor channel wherein the apertures “are located at a
corner defined by the bottom flange and the flat outer flange”
(emphasis added) of the floor channel (claim 42), “at the corner”
(emphasis added) as defined in claim 50, or “in the corner”
(emphasis added) as set forth in claim 51. The apertures in
Pollock ‘386 are clearly located in the central portion of the
panels (31-34) seen in Figures 2 and 3 and in the planar panel
(30) and spaced away from the corners of the floor channel. In
our view appellants’ claims noted above require the apertures to
be in the corner (i.e., to occupy an area of the actual line
where the floor channel legs or flanges of the floor channel
meet) or to be at the corner (i.e., to have a portion that is in
contact with the line where the floor channel legs or flanges of
the floor channel meet). Finding no such apertures in Pollock
‘386, we will not sustain the examiner’s rejection of claims 42,
50 and 51 under 35 U.S.C. § 102(b) as being anticipated by
Pollock ‘386.
Turning next to the examiner’s rejection of claims 31
through 41 and 43 through 51 under 35 U.S.C. § 102(b) as being
anticipated by Amstutz, we again find ourselves in agreement with
the examiner’s position as regards appellants’ independent claims
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