Ex parte BEATTY - Page 10




          Appeal No. 97-1133                                                          
          Application 08/424,247                                                      



          block the desired degree of light, without unnecessarily                    
          impairing the driver's view of the roadway and without the                  
          need for the fairly heavy tinting used in the prior art).                   


                    With particular regard to previously allowed                      
          independent claims 3, 7, 9 and 13, and the claims which depend              
          therefrom, we note again that the shade assembly of Klose is                
          fully responsive to the dual shade arrangement set forth in                 
          these claims, except for the particular material from which                 
          the shade members are made.  As already articulated above, it               
          is our opinion that it would have been obvious to one of                    
          ordinary skill in the art, from the combined teachings of                   
          Klose, Stulbach, Kivikink and Selph, to modify the shade                    
          arrangement of Klose to utilize a transparent, tinted plastic               
          polarized material as the particular material from which the                
          shades (8) are made, so as to gain the noted advantages                     
          clearly set forth in the secondary references.                              


                    To summarize, the decision of the examiner to reject              
          claims 1, 5, 8, 11, 14 and 16 under 35 U.S.C. § 103 is                      

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