Appeal No. 2006-0873
Application No. 10/043,277
the boot tightly engages over and forms a seal around an annular flange 46 of the
housing 30 of the steering column. Accordingly, the vehicle device or steering
console comprising boot 40 and housing 30 covers the opening 22 completely.
Furthermore, as illustrated in Figures 4 and 11, the outer wall 44 of the boot 40
forms a support arrangement (the flange overlapping the opening 22 and engaging
instrument panel 24 as illustrated in Figure 11) that is engageable with an edge of
the opening to limit the insertion of the vehicle device in the opening 22.
Inasmuch as claim 39 reads on the structure of Simonetti, we sustain the
rejection of claim 39, as well as claims 42, 58 and 61 that stand or fall with claim
39, as being anticipated by Simonetti.3 Our rationale in concluding that the subject
matter of claim 39 is anticipated by Simonetti, however, differs from that
articulated by the examiner. We therefore denominate our affirmance of the
rejection as a new ground of rejection, pursuant to 37 CFR § 41.50(b), to provide
the appellants with an opportunity to respond thereto.
CONCLUSION
To summarize, the decision of the examiner to reject claims 39, 42, 58 and
61 is AFFIRMED.
3 It is not necessary that the reference teach what the subject application teaches,
but only that the claim read on something disclosed in the reference, i.e., that all of
the limitations in the claim be found in or fully met by the reference. Kalman v.
Kimberly Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983),
cert. denied, 465 U.S. 1026 (1984).
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