Appeal 2006-3004
Application 10/796,708
1 a bar having a central portion extending along a first direction
2 between a pair of ends, said ends being bent away from said bar central
3 portion; and
4 said bar being formed of a hollow thin walled tube material, with said
5 ends being formed integrally with said central portion, and a mounting
6 flange formed integrally at each said end and including a plurality of tabs
7 extending radially outwardly from said thin wall at each said end, with there
8 being at least three of said tabs in each mounting flange, and said at least
9 three of said tabs including a hole to receive a threaded fastener, and a
10 separate cover disposed at each said end to cover said holes.
11
12 The Examiner rejected claims 1, 4 and 5 under 35 U.S.C. § 112, ¶ 2,
13 as being indefinite for failing to particularly point out and distinctly claim
14 the subject matter which applicant regards as the invention. The Examiner
15 states that the recitation “said holes” in claim 1 lacks antecedent basis and
16 that the recitation “said at least three said tabs each including holes” in claim
17 5 is unclear.
18 The Examiner rejected claims 1, 4 and 5 under 35 U.S.C. § 102(b) as
19 being unpatentable over Sarkisian in view of Guenther.1
20 The prior art relied upon by the Examiner in rejecting the claims on
21 appeal is:
22 Sarkisian 872,689 Dec. 3, 1907
23 Guenther 6,038,714 Mar. 21, 2000
24
1 The Examiner has withdrawn the rejection of claims 1, 4 and 5 under
35 U.S.C. § 103 as being unpatentable over Guenther.
2
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Last modified: September 9, 2013