Appeal No. 2001-0734
Application 09/071,264
channel. However, as has been argued by appellants’ in their
brief and reply brief, claim 43 on appeal requires the partition
to include the levelers, with the levelers then being secured to
the floor channel. This structure can be seen generally in
Figures 77-83 of the present application, wherein the levelers
(386) are part of the partition and are secured to the floor
channel (380) by interlock brackets (426). Since, as can be seen
in Figure 11, the levelers (44) in Amstutz are clearly part of
the floor channel and not part of the partition supported
thereon, we will not sustain the examiner’s rejection of claim 43
based on Amstutz.
Further, giving claims 50 and 51 the same interpretation we
indicated supra, we find that Amstutz does not disclose or teach
a floor channel wherein the apertures are located “at the corner”
(emphasis added) as defined in claim 50, or “in the corner”
(emphasis added) as set forth in claim 51. Thus, we will not
sustain the examiner’s rejection of these claims under 35 U.S.C.
§ 102(b) as being anticipated by Amstutz.
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