Ex Parte DAOUD - Page 5




              Appeal No. 2002-0507                                                                Page 5                
              Application No. 09/405,872                                                                                


              USPQ 193, 198 (Fed. Cir. 1983); Kalman v. Kimberly-Clark Corp., 713 F.2d760, 771,                         
              218 USPQ 781, 789 (Fed. Cir. 1983)).  "[A]bsence from the reference of any claimed                        
              element negates anticipation." Kloster Speedsteel AB v. Crucible, Inc., 793 F.2d 1565,                    
              1571, 230 USPQ 81, 84 (Fed. Cir. 1986).                                                                   


                     Here, Dennis discloses "a standoff telephone mounting bracket 4. . . ."  Col. 3,                   
              l. 19.  "The mounting bracket 4 includes a pair of elongated side walls 8, 9 which                        
              are spaced apart and joined together along a lower edge thereof by end dividers 10, 11,                   
              middle divider 12 and bracing dividers 13, 14."  Id. at ll. 27-30.  Mounting elements are                 
              included in the bracket as "mounting holes 16 in one or more of the dividers 10-14."  Id.                 
              at 35-36.  Although the reference's bracket includes mounting holes, we are not                           
              persuaded that the holes are used to attach the bracket to a connector block having                       
              wire wrap pins extending upwardly therefrom.  To the contrary, "[t]he bracket 4 may be                    
              attached to a support structure, wall or the like by placing a screw or bolt through                      
              mounting holes 16 in one or more of the dividers 10-14."  Id. at ll. 33-36 (emphasis                      
              added).                                                                                                   


                     The absence from the reference of attaching a bracket to a connector block                         
              having wire wrap pins extending upwardly therefrom negates anticipation.  Therefore,                      









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