Appeal No. 2003-0966
Application No. 09/496,486
at 126 in Figure 1 to provide clearance for the pair of
parallel mounting rails.
The present invention addresses this problem by
having a foot plate with one pair of opposing flanges
extending in one direction while having the other pair of
opposing flanges extending in the opposite direction.
This provides clearance for the parallel mounting rails
while still providing sufficient support for mounting a
single compressor unit on a single foot plate if desired.
In the present case, the examiner has failed to advance any
factual basis whatsoever to support the conclusion stated in the
answer that it would have been obvious to one of ordinary skill in
the art to modify the mounting plate of “Prior Art” Figure 1 such
that one pair of flanges extends upwardly along substantially the
entire width of the mounting plate and the other pair of flanges
extends downwardly along substantially the entire length of the
mounting plate, as now claimed. The mere fact that the prior art
could be so modified would not have made the modification obvious
unless the prior art suggested the desirability of the modification
(see In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed.
Cir. 1984)). Simply put, no suggestion for modifying the mounting
plate of “Prior Art” Figure 1 is found in either Elson or “Prior
Art” Figure 1 and the description thereof in appellant’s
specification.
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007