Ex Parte OUELLETTE - Page 7




              Appeal No. 2002-1792                                                                  Page 7                
              Application No. 09/467,577                                                                                  


              2, a smooth, flat, relatively thin piece of material.  The claimed upstream edge is                         
              readable on the upstream end of either the upper horizontal bar or the lower horizontal                     
              bar of the guide rail 22.   Likewise, the claimed downstream edge is readable on the                        
              downstream end of either the upper horizontal bar or the lower horizontal bar of the                        
              guide rail 22.  While the downstream edge of the upper horizontal bar and the                               
              downstream edge of the lower horizontal bar are not shown in the drawings, it is our                        
              determination that such are inherent from the disclosure of Lenhart '423.   Thus, it is our                 
              conclusion that an artisan viewing the guide rail 22 of Lenhart '423  would consider the                    
              guide rail 22 to be an elongate plate having top and bottom edges and upstream and                          
              downstream edges and a plurality of openings within the plate edges as recited in                           
              claims 1 and 10.                                                                                            


                     For the reasons set forth above, the decision of the examiner to reject claims 1                     
              and 10 under 35 U.S.C. § 102(b) is affirmed.                                                                


              Claims 2, 3, 5, 6, 12, 13, 15 and 16                                                                        
                     The appellant has grouped claims 1, 2, 3, 5, and 6 as standing or falling                            
              together.2  The appellant has also grouped claims 10, 12, 13, 15 and 16 as standing or                      



                     2 See pages 8 and 10 of the appellant's brief.                                                       







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