Ex Parte Anvick - Page 8




               Appeal No. 2005-0540                                                                     Page 8                  
               Application No. 09/942,199                                                                                       



               thickness of its wood piece.  Moreover, such is explicitly taught by the flat, collinear,                        
               coplanar interlocking joint disclosed in the embodiment shown in Figure 8 of Grisley.                            


                      With regard to independent claim 6, it is our view that the recitations that the first                    
               flat member "comprises a single cavity" and the second flat member "comprises a single                           
               tab" do not restrict the claimed subject matter to only one cavity and only one tab due to                       
               the use of comprising terminology.4  Thus, these recitations do not define over the                              
               teachings of the Grisley and Pontikas patents which teach the use of multiple cavities                           
               and tabs.                                                                                                        


                      With regard to independent claim 12, it is our view that the combined teachings                           
               of Grisley and Pontikas are suggestive of the claimed three flat members in view of the                          
               teaching of Pontikas' Figure 20  which illustrates one corner of a flat, noncollinear,                           
               coplanar interlocking dovetail joint for connecting the edges of a frame.  From this                             
               teaching of Pontikas, it would have been obvious at the time the invention was made to                           
               a person of ordinary skill in the art to have modified Grisley to form a flat, noncollinear,                     
               coplanar frame, with the frame having interlocking joints as taught by Grisley.                                  

                      4 The transitional phrase "comprises" is open-ended and does not exclude additional, unrecited            
               cavities and tabs.                                                                                               









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