Appeal No. 2005-1264 Page 7
Application No. 09/682,594
to the track elements 36 so as to provide support for connecting members moveably
affixed to the guide rails and hingedly connected to the storage surface.
The discussion in the appellants’ brief with regard to the pivotal arrangement of
the side rails 26 for movement between the raised position (Figure 1) and outwardly
lowered and collapsed positions (Figure 2) bears absolutely no relevance to the issue of
whether the appellants’ original disclosure provides descriptive support for the
connecting members being hingedly connected to the storage surface.
For the foregoing reasons, the examiner’s rejection of claim 35 and claims 37-39,
which depend from claim 35, under the first paragraph of 35 U.S.C. § 112, as containing
subject matter which was not supported in the appellants’ application as originally filed,
is sustained. Moreover, for the reasons which follow, the examiner’s additional bases
for rejecting claims 37-39 as lacking descriptive support are also well founded.
With particular regard to claim 37, the appellants’ application as originally filed
discloses latching areas 52, which "may be utilized as a convenient location to attach
bunge [sic] cords or other securing straps” (specification, page 5). The specification,
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Last modified: November 3, 2007