Appeal No. 2006-0873
Application No. 10/043,277
In reading claim 39 on the structure of Simonetti, the examiner’s position, as
stated on page 3 of the answer, appears to be that the “opening” of Simonetti’s
panel begins at opening 22 and continues through the boot 40 to the boot inner wall
42. In other words, the examiner is reading the “opening” of claim 39 on the inner
wall 42 of Simonetti’s boot 40. Of course, the opening formed by the inner wall 42
of the boot 40 is an opening in a boot, which is not a panel, i.e., a flat piece, usually
rectangular, forming a part of the structure of a wall, door, cabinet, etc. (Webster's
New World Dictionary, Third College Edition (Simon & Schuster, Inc. 1988)), as
that term is ordinarily used. Accordingly, we agree with the appellants (brief, p. 9)
that the examiner’s reading of the opening of claim 39 on the inner wall 42 of
Simonetti’s boot is inappropriate. Nevertheless, as explained more fully below, we
find that claim 39 does read on the structure of Simonetti.
Initially, we note that claim 39 does not require that the vehicle device
(steering console) be a single unitary piece or even comprised only of integral
components and, further, does not require that all components of the vehicle device
(steering console) be inserted or insertable together as one piece into the opening.
With that in mind, we observe that Simonetti’s instrument panel 24 has an opening
22 therein and that a vehicle device including a support arrangement (boot 40) and
steering column 20, with housing 30 for windshield wiper and other control
devices therein, is insertable in the opening 22. The outer wall 44 of boot 40, as
illustrated in Figures 4 and 11, for example, extends out to and over the edge of the
opening 22, and is mounted around the opening, and further the inner wall 42 of
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