Ex parte LYNCH - Page 5




          Appeal No. 97-4241                                                          
          Application No. 08/183,066                                                  


          British reference in view of Cannon and Balicki.  It is the                 
          examiner’s position that the British reference teaches all of               
          the structure required by claims 1 and 23 except for elastic                
          sheet and the releasable edge clamps, but that the addition of              
          these features to the primary reference would have been                     
          obvious in view of the teachings of the two secondary                       
          references.  We do not agree.  Our rationale for arriving at                
          this conclusion follows.                                                    
               The British reference is directed to providing an                      
          improvement in awnings and tent roofs in which drainage is                  
          provided for rainwater that ordinarily would collect thereon.               
          It discloses a sheet (1) that is provided with a plurality of               
          openings (5).  The sheet is made of canvas so that it shows “a              
          considerable rigidity and, therefore, resistance to                         
          collapsing, fluttering and oscillating under the action of                  
          wind” (page 2, lines 6-11).  Attached to the sheet at each                  
          opening is a downwardly oriented pipe made of material that is              
          “highly elastic” (page 1, line 60).  The sheet is supported at              
          its edge by a plurality of poles (2, 4).  Once the awning is                
          erected, the elastic pipes are tensioned to the extent that a               
          funnel-like depression (b) is formed in the sheet at each                   
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