Ex Parte Clendenin - Page 2




          Appeal No. 2003-0966                                                        
          Application No. 09/496,486                                                  


               Appellant’s invention “relates to a foot plate for mounting or         
          suspending a tandem compressor system on a pair of channel rails”           
          (specification, page 1).  A further understanding of the invention          
          can be derived from a reading of exemplary claim 1, the sole                
          independent claim remaining on appeal, which is reproduced below.           
               As evidence of obviousness, the examiner relies upon the               
          following reference:                                                        
          Elson                    5,277,554                Jan. 11, 1994             
               In addition, the examiner also relies upon admitted “Prior             
          Art” Figure 1 of the instant application.                                   
               Claims 1-20 stand rejected under 35 U.S.C. § 103(a) as being           
          unpatentable over Elson in view of admitted “Prior Art” Figure 1.           
               Reference is made to appellant’s main and reply briefs (Paper          
          Nos. 14 and 18) and to the examiner’s answer (Paper No. 17) for the         
          respective positions of appellant and the examiner regarding the            
          merits of this rejection.                                                   
                                      Discussion                                      
               With reference to appellant’s Figure 2, independent claim 1            
          reads as follows:                                                           
                    1.   A hermetic compressor assembly [10] comprising:              
                    a first hermetic compressor [12] having a first                   
               shell [28];                                                            

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