Appeal No. 2003-0966
Application No. 09/496,486
the rails 16, and rails 16 are in turn supported on horizontal
surface 33 by bolts 29 and grommets 80.
Concerning “Prior Art” Figure 1, it is the examiner’s position
(answer, pages 3-4) that
“Prior Art” Figure 1 of the instant application, as well
as the specification (page 2, lines 5-21) teach that a
plate 112 used to mount a compressor is old and well
known in the art. Further, the admitted prior art
teaching cites that the mounting plate includes four
downwardly turned flanges 116-122 that are used to mount
a compressor with sufficient support, and that the prior
art design may be reworked such that the flanges are
turned in an upwards direction to provide clearance for
the mounting rails.
In rejecting the appealed claims as being unpatentable over
Elson in view of “Prior Art” Figure 1, the examiner considers
(answer, page 3) that Elson does not teach a mounting plate with
flanges.1 The examiner concludes, however, that
[i]t would have been obvious to the ordinarily skilled
artisan to rework the entire flange [of the “Prior Art”
1Although not separately numbered in the drawings or
expressly described in the specification, Figures 2 and 4 of
Elson appear to show the edges of the mounting plates being
provided with downwardly turned flanges extending between the
apertures 34 located at the corners of the plates. In this
regard, see the unnumbered downwardly extending member in Figure
4 that intersects the lead line for reference number “36” and
what appears to be corresponding unnumbered elements in Figure 2
adjacent the corners of the mounting plate. In the standing
rejection before us for review, the examiner does not appear to
rely on this apparent disclosure in Elson of a mounting plate
having downwardly extending flanges.
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