Ex Parte Lee et al - Page 4

                Appeal 2007-2324                                                                                 
                Application 10/629,775                                                                           

                       The figure shows top cover 60 and side plate 30, with fire plate 70 in                    
                between.  Figure 3 also shows cabinet holder 80 as a bar-shaped piece                            
                placed atop flange 700 of fire plate 70.  Cabinet holder 80 has fastening                        
                pieces 830, which are a series of bent tabs that extend downward from the                        
                bar-shaped cabinet holder 80.  “[T]he fastening pieces 830 are respectively                      
                inserted into the first and second fastening holes . . . on the flanges 300 and                  
                700, for joining the fire plate 70 with the side plate 30” (Specification 8).                    
                       We therefore interpret the “cabinet holder” in claim 26 to be a                           
                distinct piece of the claimed assembly.  While claim 26 does not exclude the                     
                cabinet holder from being fastened to the fire plate and side plate by non-                      
                integrated fasteners such as nuts, blots, or screws, the claim requires the                      
                cabinet holder to have a plurality of fastening pieces as parts of its structure,                
                such as the bent tabs shown in Figure 3.  The fastening pieces of the cabinet                    
                holder must be configured so that they insert into both the fire plate and the                   
                side plate.                                                                                      
                                                 PRIOR ART                                                       
                       The Examiner relies on the following references:                                          
                       Vonderhaar  US 3,402,281  Sep.  17, 1968                                                  
                       Holub   US 1,550,700  Aug. 25, 1925                                                       
                       Yandell  US 1,993,201  Mar.   5, 1935                                                     
                3.  OBVIOUSNESS -- CLAIMS 5-18 and 22-26                                                         
                       Claims 5-18 and 22-26 stand rejected under 35 U.S.C. § 103 as                             
                obvious in view of Vonderhaar and Holub (Answer 3-5).                                            
                       The Examiner states that the term “‘fire plate’ is broadly and                            
                reasonably construed” to encompass any barrier that prevents fire passage,                       


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