Ex parte PATEL et al. - Page 9




          Appeal No. 98-1458                                         Page 9           
          Application No. 08/499,211                                                  


          required in 37 CFR § 1.192(c)(7) and (8)(iv).  Accordingly, we              
          have determined that these claims must be treated as falling                
          with claim 1. See In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d              
          1525, 1528 (Fed. Cir. 1987).  Thus, it follows that the                     
          decision of the examiner to reject claims 2 through 5 under 35              
          U.S.C. § 102(b)  is also affirmed.                                          


          Claims 11, 12 and 14                                                        
               Independent claim 11 recites a siding panel comprising,                
          inter alia, a contoured sheet of plastic material, a generally              
          flat nailhem strip, a plurality of elongated apertures in the               
          nailhem strip, and an elongated rib disposed on the nailhem                 
          strip in predetermined registry with the apertures.  Claim 11               
          further recites that                                                        
               said elongated rib comprising a first rib wall extending               
               out of said nailhem plane on said outwardly facing                     
               surface side of said nailhem strip, a joining rib wall                 
               extending from said first rib wall to a second rib wall,               
               said second rib wall extending back to said nailhem plane              
               and terminating thereat.                                               


               The appellants argue (brief, pp. 6-7) that claims 11, 12               
          and 14 are patentable since the above-quoted limitation from                








Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007