Ex Parte Hammerle - Page 2



          Appeal No. 2005-1768                                                        
          Application No. 09/796,754                                                  

               a hook including a holding lug, said hook being mounted at             
          a rear end of said pull-out rail such that said holding lug                 
          extends in a horizontal direction toward a front end of said                
          pull-out rail so as to engage a rear end of the drawer frame to             
          be supported on said pull-out rail; and                                     
               a mechanism operable to move said holding lug in a vertical            
          direction relative to said pull-out rail so as to move the rear             
          end of the drawer frame in the vertical direction relative to               
          said pull-out rail to change an angle of inclination of the                 
          drawer frame relative to said pull-out rail.                                
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Nock                          5,015,047             May  14, 1991           
          Lautenschläger                5,779,333             Jul. 14, 1998           
               Appellant's claimed invention is directed to a pull-out                
          guide for drawers comprising a drawer frame connected to a pull-            
          out rail and mechanism that allows the rear end of the drawer               
          frame to move in a vertical direction in order to change the                
          angle of inclination of the drawer frame.                                   
               Appealed claims 27-29, 31, 49, 50 and 53-56 stand rejected             
          under 35 U.S.C. § 103(a) as being unpatentable over Nock.1                  
               We have thoroughly reviewed the respective positions                   
          advanced by appellant and the examiner.  In so doing, we find               

               1 Even though the statement of the rejection does not                  
          include Lautenschläger, the examiner cites Lautenschläger "as an            
          evidence reference to show that the use of apertures and screws             
          to provide adjustability between adjacently secured members in a            
          drawer guide assembly is old and well known in the art" (page 4             
          of Answer, last sentence).                                                  
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