Appeal No. 2004-1541
Application No. 10/003,785
Rejection at Issue
Claims 1, 2, 4, 8, and 21 stand rejected under 35 U.S.C.
§ 102 as being anticipated by McSherry.
OPINION
With full consideration being given to the subject matter on
appeal, Examiner's rejections and the arguments of Appellant and
Examiner, for the reasons stated infra, we reverse the Examiner's
rejection of claims 1, 2, 4, 8, and 21 under 35 U.S.C. § 102.
We first will address the rejection of claims 1, 2, 4, and 8
under 35 U.S.C. § 102. Appellant argues in the brief and reply
brief that McSherry fails to teach "at least one fastener
structure extending through the wall and into said anchor plate
means at any location spaced from said insert means along said
predetermined length of said anchor plate means" as recited in
claim 1. See pages 8-12 of the brief and pages 2-8 of the reply
brief.
The Examiner responds that "McSherry's assembly comprises
means (18) for connecting together the anchor plate (31) and
insert (20)." See fact finding 11 on page 4 of the answer. The
Examiner further responds:
McSherry's anchor plate (31), when inserted through the
opening (12), is rotatable around the insert (20) to
position the anchor plate to a predetermined position
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