Appeal No. 2004-1541
Application No. 10/003,785
Appellant argues that McSherry fails to teach the above
limitation as argued in claim 1. See page 24 of the brief.
The Examiner maintains the position that McSherry's bolt 18
reads on the fastener structure extending through the overlapping
panel members 14 and 16 and into the anchor plate means 31 at any
location spaced from the insert means 20 along the predetermined
length of the anchor plate means 31. See last paragraph on page
3 through first paragraph on page 4 of the answer.
Returning to McSherry, we find that McSherry's bolt 18 is
extended through the overlapping panel members 14 and 16 and into
the anchor plate means 30 and 32 as seen in Fig. 11. However,
McSherry's bolt 18 is not separated or kept apart from McSherry's
insert means 20 along the predetermined length of McSherry's
anchor plate means 31. Therefore, McSherry's bolt 18 does not
read on the limitation "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" as recited in
Appellant's claim 21. Therefore, we will not sustain the
Examiner's rejection of claim 21 under 35 U.S.C. § 102.
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