Ex Parte Caveney et al - Page 4



              Appeal 2006-3240                                                                                            
              Application 10/316,436                                                                                      
              member (102) has a first leg with mounting means (30, 32) on the back side for                              
              attaching to the hanger plate, a second leg with a cable support surface, and a third                       
              leg with a cable retention surface.  Answer, p. 3.  The examiner acknowledged that                          
              Meyer does not disclose a chaining plate for attachment to the hanger plate to                              
              extend the length available to attach cable support members.  Answer, p. 4.  We                             
              agree with the examiner’s findings as to the scope and content of Meyer and the                             
              differences between Meyer and the prior art.                                                                
                     The examiner relies on Russell for the teaching of a conduit support system                          
              with a hanger plate (10) securable to a structure (C), a chaining plate (11) attached                       
              to the hanger plate, and a first cable support member (20 and 21) attachable to the                         
              chaining plate.  Answer, p. 4.  The examiner determined that hanger plate (10) has                          
              a plurality of slots (12) configured to attach the chaining plate by a hook (15 and                         
              16) through a plurality of openings.  Answer, p. 4.                                                         
                     The appellants argue that the bars (10 and 11) of Russell are adjustable                             
              merely to allow for an increase or decrease in the length of the shank and thus                             
              essentially form a two-part hanger plate.  Brief, p. 10.  The appellants further note                       
              that the bar (10) of Russell does not have a first cable support member directly                            
              attachable to it, and the bar (11) does not accommodate a plurality of pipe-                                
              supporting collars (B).  Brief, p. 10.  The appellants conclude that Russell does not                       
              provide any teaching to add any sort of chaining plate.  Brief, p. 10.                                      
                     The appellants and the examiner appear to disagree about the scope and                               
              content of Russell and whether it teaches a chaining plate as claimed.  We agree                            
              with the appellants and find that Russell does not disclose a chaining plate.  Rather,                      

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