Appeal No. 2001-1609 Page 6
Application No. 09/031,778
readable on Wacker's outer lower column member 16b since Wacker's outer lower column
member 16b is not vertically adjustable. Second, the claimed counterbalance (i.e., a
counterbalance attached to the bottom surface of the work surface, said counterbalance
counterbalancing weight of the healthcare equipment carried by the work surface as the
height of the work surface is adjusted) is not readable on the motor assemblies within
Wacker's column 16 since the motor assemblies within Wacker's column 16 are not
attached to the bottom surface of the work surface separate from the claimed vertically
adjustable pedestal. Lastly, the examiner has not pointed out nor is it apparent to us as to
how the limitation that the work surface has "means for carrying healthcare equipment" is
met by Wacker. This means is in addition to the claimed top surface of the work surface
and in our view must under the sixth paragraph of 35 U.S.C. § 112 be construed to cover
the corresponding structure, material, or acts described in the specification (i.e., basket 36
of wire mesh sized to hold charts and diagnostic equipment) and equivalents thereof.
Clearly, Wacker does not disclose anything similar to or equivalent to the appellants'
basket 36.
For the reasons set forth above, the decision of the examiner to reject claim 19
under 35 U.S.C. § 102(b) is reversed.
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