Ex parte NOONE et al. - Page 2




                  Appeal No. 1999-0705                                                                                         Page 2                     
                  Application No. 08/129,615                                                                                                              


                                                                  BACKGROUND                                                                              
                           The appellants' invention relates to a one-piece roofing tile, preferably formed of                                            
                  molded clay material, so as to simulate a natural appearing tile, with the tile having hollowed                                         
                  zones or recesses for weight reduction, and strengthening webs to provide support for the tile                                          
                  in the installed, on-roof condition (specification, page 2), a method of roofing a roof using such                                      
                  tiles and a roof covered with such tiles.  The claims on appeal are reproduced in the appendix                                          
                  to the appellants' brief.                                                                                                               
                           The prior art references of record relied upon by the examiner in rejecting the appealed                                       
                  claims are:                                                                                                                             
                  Donaldson et al. (Donaldson)                          522,686                    Jul.   10, 1894                                        
                  O'Donnell                                             D 281,536                  Nov. 26, 1985                                          
                  Matthews                                              1,708,994                  Jan.  18, 19791                                        
                           (German patent publication)                                                                                                    
                  Cole                                                  224,414                    Jun.  12, 1958                                         
                           (Australian patent specification)                                                                                              

                           The following rejections are before us for review.                                                                             
                  1.       Claims 1, 6, 15, 16, 25, 26, 28-30, 32, 33 and 35 stand rejected under 35 U.S.C.                                               
                  § 103 as being unpatentable over Matthews in view of Donaldson.                                                                         




                           1We derive our understanding of this reference from the English language translation prepared for the PTO                      
                  and attached to Paper No. 18.                                                                                                           







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