Ex parte PATEL et al. - Page 11




                 Appeal No. 98-1458                                                                                      Page 11                        
                 Application No. 08/499,211                                                                                                             


                 module to form a substantially complete building.  The                                                                                 
                 prefabricated building module comprises, inter alia, at least                                                                          
                 one exterior wall and a plurality of panels, each of which                                                                             
                 comprises a contoured plastic sheet having a generally flat                                                                            
                 nailhem strip, at least one nail aperture in the nailhem                                                                               
                 strip, and an elongate rib disposed on the nailhem strip                                                                               
                 proximate the nail aperture and in predetermined registry                                                                              
                 therewith.  Claim 17 further recites that                                                                                              
                          said nailhem strip second side substantially free of                                                                          
                          protrusions proximate said nail aperture for a distance                                                                       
                          spaced from said elongated rib sufficient to accommodate                                                                      
                          the nail driving article at said nail aperture.                                                                               


                          The appellants argue (brief, p. 7) that claims 17 through                                                                     
                 19 are patentable since Godes does not disclose a                                                                                      
                 prefabricated building module as recited in claim 17.  We                                                                              
                 agree.     3                                                                                                                           


                          Since all the limitations of claim 17 are not met by                                                                          
                 Godes, the decision of the examiner to reject claim 17, and                                                                            


                          3The examiner did not respond to this argument in the                                                                         
                 answer.                                                                                                                                







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