Ex Parte Johnson et al - Page 2



              Appeal No. 2006-1347                                                                Page 2                
              Application No. 10/651,205                                                                                

                                                  BACKGROUND                                                            
                     The appellants’ invention relates to a brace assembly to support an outlet                         
              box.  A copy of the claims on appeal can be found in the appendix to the                                  
              appellants’ brief.                                                                                        

                     The examiner relies upon the following as evidence of unpatentability:                             
              Rinderer       4,967,990  Nov. 06, 1990                                                                   
              Harris et al. (Harris)   4,050,603  Sep. 27, 1977                                                         
              Fast      5,040,316  Aug. 20, 1991                                                                        
                     The following rejections are before us for review.                                                 
                 1. Claims 1, 3, 5, and 7 stand rejected under 35 U.S.C. § 102(b) as being                              
                     anticipated by Rinderer.                                                                           
                 2. Claim 2 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                         
                     Rinderer.                                                                                          
                 3. Claims 4, 8-16, 20, 21, 29, and 30 stand rejected under 35 U.S.C. § 103(a) as                       
                     being unpatentable over Rinderer in view of Harris.                                                
                 4. Claim 6 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                         
                     Rinderer in view of Fast.                                                                          
                 5. Claims 18-21 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                          
                     over Rinderer in view of Harris and Fast.                                                          
                     Rather than reiterate in detail the conflicting viewpoints advanced by the                         
              examiner and the appellants regarding this appeal, we make reference to the                               
              examiner's answer (mailed June 3, 2005) for the examiner's complete reasoning in                          







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