Ex Parte RICE - Page 8



                    Appeal No. 2001-1682                                                                                                                                  
                    Application No. 08/837,668                                                                                                                            

                    This claim interpretation is consistent with appellant's                                                                                              
                    arguments as presented in the brief and reply brief.                                                                                                  

                    Having construed the claims on appeal as being limited to a                                                                                           
                    base plate and "an attachment block" as disclosed in the present                                                                                      
                    application, we are in agreement with appellant that Rice '140                                                                                        
                    does not disclose or teach any such structure.  More                                                                                                  
                    particularly, given our narrow interpretation of the structure                                                                                        
                    set forth in the claims on appeal, we must disagree with the                                                                                          
                    examiner's determination that the eyelet (62) seen in Figure 6 of                                                                                     
                    Rice '140 can be read as an "attachment block," since the eyelet                                                                                      
                    (62) clearly does not include a base and two parallel side plates                                                                                     
                    which support a pin therebetween, and wherein the base is                                                                                             
                    attached to a surface mountable base plate.  Nor does anything in                                                                                     
                    the Ludwig patent disclose or teach a structure like that                                                                                             
                    required in appellant's claims on appeal (i.e., a securing means                                                                                      
                    in the form of a base plate and an "attachment block").                                                                                               

                    Given the foregoing, we are compelled to conclude that the                                                                                            
                    examiner has not made out a prima facie case of obviousness, and                                                                                      
                    for that reason we must refuse to sustain the examiner's                                                                                              
                    rejection of claims 1, 4 through 9, 11 through 14 and 17 through                                                                                      
                                                                                    88                                                                                    




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