Appeal No. 2004-0827
Application No. 09/795,701
invention may be seen from representative independent claim 1 which
is reproduced below:
1. For use in combination with a utility box having a bottom,
a side wall, and a cover which may be opened to gain access to the
interior of the box, and which when closed, overlaps an upper edge
of the side wall, a lock assembly for maintaining the cover in its
closed position, said lock assembly comprising:
a bracket having first and second mutually spaced flanges
integrally joined by an intermediate web;
a jaw mechanically interengaged with and carried by said
bracket for movement between said first and second flanges, said
bracket being configured for removable mounting on said side wall,
with said intermediate web interposed between said cover and the
upper edge of said side wall, and with said first flange and
said jaw respectively located adjacent exterior and interior
surfaces of said side wall;
force exerting means for urging said jaw towards said first
flange to thereby clamp said side wall therebetween;
a cap having a lip configured and dimensioned to overlap said
cover; and interlocking means for securing said cap to said
bracket.
The examiner has relied upon the following references as
evidence of obviousness:
Nielsen, Jr. (Nielsen) 4,080,811 Mar. 28, 1978
Redmayne 4,202,574 May 13, 1980
The claims on appeal stand rejected under 35 U.S.C. § 103(a)
as unpatentable over Nielsen in view of Redmayne (Answer, page 3,
referring to Paper No. 11). We reverse this rejection essentially
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