Appeal No. 2002-0161 Page 6
Application No. 09/348,615
v. Electro Mechanical Sys. Inc., 15 F.3d 1573, 1578, 27 USPQ2d 1836, 1840 (Fed. Cir.
1994); Valmont Indus. Inc. v. Reinke Mfg. Co., 983 F.2d 1039, 1042, 25 USPQ2d 1451,
1454 (Fed. Cir. 1993); Johnston v. IVAC Corp., 885 F.2d 1574, 1580, 12 USPQ2d
1382, 1386 (Fed. Cir. 1989). The examiner has addressed the first requirement but has
not addressed the second requirement, namely, whether Lechman performs the recited
function using the structure disclosed in appellant’s specification or an equivalent
thereof. For the reasons which follow, it is our opinion that Lechman does not meet this
second requirement.
The structure disclosed in appellant’s specification for performing the function
recited in claim 13 includes the brackets 30, 32, slots 34, pins 36 and 40 and the floor
or bottom surface 46 of the recess 22, with its spaced grooves 48 for receiving the
lower rear corner 50 of the display B. As illustrated in Figures 3 and 4 of appellant’s
application, the display B and brackets 30, 32 can be rotated or pivoted such that the
display B is moved between a stored position (Figure 3) with the rear surface thereof
co-planar with the top surface (veneer layer 24) of the work surface 10 and a viewing
position (Figure 4) with the display inclined and at least partially above the work surface
10. The Figure 4 embodiment of Lechman relied upon by the examiner does not
contain brackets with pins and slots or a recess floor having spaced grooves for
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007