Appeal No. 2003-1851
Application No. 09/556,157
must disclose a means which performs the same function in
substantially the same way to produce substantially the same
result as a means disclosed in the appellant’s specification.
See Odetics Inc. v. Storage Technology Corp., 185 F.3d 1259,
1267, 51 USPQ2d 1225, 1230 (Fed. Cir. 1999). The appellant’s
disclosed means for elevating is expandable bellows or scissors
which act upon rest surface 13 (specification, pages 7-9). The
examiner has not established that Garman discloses a means for
elevating which performs the same function in substantially the
same way to produce substantially the same result as the means
disclosed by the appellant. Accordingly, the examiner has not
established a prima facie case of anticipation of the invention
claimed in the appellant’s claims 21, 31, and their dependent
claims.
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