Appeal No. 2004-1541
Application No. 10/003,785
plate means 31. Accordingly, McSherry's bolt 18 does not read on
the limitation "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 Appellant's claim 1.
Therefore, we will not sustain the Examiner's rejection under
35 U.S.C. § 102. Consequently, we also will not sustain the
Examiner's rejection of claims 2, 4, and 8 due to their
dependency upon claim 1.
We now turn to the rejection of the remaining claim 21 under
35 U.S.C. § 102. We note that, in claim 21, the shear resistant
fastener assembly serves to connect together overlapping panel
members instead of a wall. See page 24 of the brief and
Appellant's Fig. 15. We further note that claim 21 recites the
limitation:
said anchor plate means extending along its said
predetermined length a predetermined distance from said
center of said insert means and from one side of said
insert means and also at a predetermined distance from
the center of said insert means and from the other side
of said insert means and being adapted to be attached
to said overlapping panel members by at least one
fastener structure extending through said overlapping
panel members and into said anchor plate means at any
location spaced from said insert means along said
predetermined length of said anchor plate means.
(Emphasis added).
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