Appeal No. 2001-2595
Application 09/245,640
Like the examiner (answer, pages 5-7), we are of the opinion
that Meyer both shows and expressly discloses a uniform
orthogonal pattern of same-sized plate holes aligned in rows and
columns, with the holes regularly spaced apart an equal distance
one from the other. Note particularly, the grid pattern (6)
shown in Figures 1, 5, 8, 13 and 15 of Meyer, and the disclosure
in the paragraph bridging columns 4 and 5 of the patent, wherein
it is specifically indicated that a hole pattern useful for most
wood-working operations is achieved by providing a grid of
openings (4) “on two-inch centers.” Thus, appellant’s argument
on pages 5-6 of the brief regarding equal spacing of the holes of
the grid in Meyer does not persuade us of any error in the
examiner’s position.
Appellant next attacks the examiner’s rejection by urging
(brief, page 7) that substituting a single workbench table top
for Hennessey’s pair of plates is nonsensical. We would
certainly agree. However, it is abundantly clear from the record
that the examiner has made no such assertion in rejecting the
claims on appeal, but has merely relied upon Meyer’s teaching of
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