Appeal No. 2001-1609 Page 5
Application No. 09/031,778
by each column. Each column 14, 16 is independently capable of raising the respective
table top 18, 20. As shown in Figure 3, when motor 46 through reducer 44 rotates lead
screw 42 in either direction, tubular nut 40 is either raised or lowered. The raising or
lowering of tubular nut 40 causes both platform 38 and inner, upper column member 16a,
which fits in telescoping relation within outer lower column member 16b, to be raised and
lowered, along with table top 20.
The examiner determined (answer, pp. 4-5) that claim 19 was anticipated by
Wacker since (1) the claimed work surface having a top surface and a bottom surface was
readable on Wacker's table top 20; (2) the claimed pedestal was readable on Wacker's
outer lower column member 16b; (3) the claimed movable base was readable on
Wacker's base 12; and (4) the claimed counterbalance was readable on the motor
assemblies (e.g., motor 34, motor 46, nut 40, screw 42, reducer 44, reducer 36) contained
within Wacker's column 16.
In our view, the examiner's above-noted determination that claim 19 is anticipated
by Wacker is not sustainable for the following reasons. First, the claimed pedestal (i.e., a
pedestal for supporting said work surface, said pedestal being vertically adjustable so as
to adjust the work surface between a standing position and a sitting position) is not
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