Appeal No. 2006-1145 Παγε 7
Application No. 10/143,977
is necessary that the apparatus of the reference inherently be
capable of protecting a door or window.
With this claim construction in mind, we turn to Moses. As
shown in figure 2, post 20 includes a portion 50 that is
telescopically engaged with portion 52. In addition, head and
foot plates 60 and 64 include holes 62, 66 respectively (col. 3,
lines 54-58). As shown in figure 1, head plate 60 is attached to
ceiling 22 (col. 3, line 6) and head plate and the foot plate are identical and
interchangeable (col. 3, lines 59 and 60). Foot plate 62 may be attached to support
beam 40 through screw rods 70, washers 78 and bolts 72 (col. 4, lines 8-14). In
addition, as shown in figures 1 and 3, head plate 60 is secured to ceiling 22 by bolts
(unlabeled).
From our review of Moses, we find that although Moses discloses securing posts
20 to a ceiling by bolts extending through holes 62, post 20 is inherently capable of
being secured to the top of a door or window frame. In addition, although foot plate 64
is disclosed as being secured to support beam 40, we find that by virtue of the holes 66
in the foot plate 64, that the footplate is inherently capable of being secured to the
bottom of a door or window frame, as the foot plate and head plate can be oriented to
have the narrow dimension point in any of four directions. Thus, although Moses is not
directed to protecting a door or window frame, we find that the post 20 is inherently
capable of being mounted in a door or window frame.
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