Appeal 2007-2140
Application 09/892,790
Patent 5,917,679
12. The cross rail 130 and rear ABS platforms 110c and 110d are
formed of “side wall portions” or “sidewall segments.” (See Findings of
Fact 2 and 4.)
13. Rear ABS platforms 110c and 110d “side wall portions” are
along the side portion of the principal surface. (See Finding of Fact 2.)
14. The cross rail sidewall segments extend from side to side of the
principal surface and interfaces with ABS rail 110c at the side of the . (See
Finding of Fact 5.)
15. Alternatively, the side wall of each rear ABS platforms 110c
and 110d can also extend away from the side portions of the principal
surface. (See Finding of Fact 7.)
16. Thus, the cross rail sidewall segments nearest to the side
portions of the principal surface are alternatively described by Appellants as
being sidewall segments of cross rail 130 or claimed by Appellants as being
side wall portions of rear third and fourth ABS surfaces (e.g., platforms 110c
and 110d).
17. Appellants’ alternative usages of the cross rail sidewall
segments nearest to the side portions of the principal surface is consistent
with the function of these sidewall segments as would be understood by one
skilled in the art.2
2 The failure of Appellants’ Specification to explicitly disclose the side wall
portions as recited in patent claims 1-20 does not give rise to an issue under
35 U.S.C. § 112, first paragraph, as an artisan would have understood that
the disclosed cross rail sidewall segments nearest to the side portions of the
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