Appeal No. 2004-1542
Application No. 09/640,335
a particular manner. Frey simply does not provide any factual
basis for a determination that the housing units disclosed
therein inherently embody, or would have suggested, such
structure.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 102(b) rejection of independent claims 1, 6 and 11, and
dependent claims 3 through 5, 8 through 10 and 13 through 17, as
being anticipated by Frey, or the standing 35 U.S.C. § 103(a)
rejection of independent claims 18 and 28, and dependent claims
2, 7, 12, 19 and 20, as being unpatentable over Frey.
SUMMARY
The decision of the examiner to reject claims 1 through 20
and 28 is reversed.
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