Appeal No. 2004-1571
Application 10/116,027
Viewed in this light, claim 1 does read on the combination
of Eggert’s main floor panel 20 and front seat base 74 which
together constitute a floor panel for a vehicle comprising a
floor tunnel in the form of medial tunnel portion 22 and a
protrusion portion in the form of front seat base 74 which
extends in a transverse direction opposing a direction of the
floor tunnel and crosses the floor tunnel. Hence, the
appellant’s argument that the subject matter recited in claim 1
distinguishes over that disclosed by Eggert is not persuasive.
Accordingly, we shall sustain the standing 35 U.S.C.
§ 102(b) rejection of independent claim 1, and dependent claims
claims 2 through 4 and 9 which stand or fall therewith, as being
anticipated by Eggert.
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