Appeal No. 2001-0734
Application 09/071,264
31 and 44. In this instance, we point to the open-framework
partition seen in Figures 1, 3, 21 and 22 of Amstutz, noting that
the row of discrete apertures (82) in the top rail or upper
horizontal frame member (16) and the row of discrete apertures
(62) in the bottom rail or floor channel (14) are fully capable
of supporting a furniture unit therein. As for appellants’
assertion (brief, page 12) that the discrete attachment points in
the floor channel (14) cannot be used in such a manner because
the floor channel is flush with the ground or floor (34), we
merely point to Figures 16 and 17 of Amstutz to dispose of this
argument, since the floor channel (14) is clearly shown in those
figures as being spaced from the floor (34).
Moreover, we note that the vertical struts (18) of Amstutz
include projections (64, 65) that are indicated to be received in
the apertures (62) of the floor channel and apertures (82) of the
top rail to retain the struts in place. Thus, the apertures (62)
are clearly capable of receiving a support structure or
projection of a furniture unit even when mounted on the floor as
seen in Figures 11, 16 and 17 of that patent. We again note, as
we did supra, that a recitation with respect to the manner in
which a claimed apparatus is intended to be employed does not
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