Ex parte ALLWEIN et al. - Page 8




                     Appeal No. 1999-0972                                                                                                                                              
                     Application 08/724,340                                                                                                                                            


                     by Grant are such that the subject matter as a whole would                                                                                                        
                     have been obvious at the time the invention was made to a                                                                                                         
                     person having ordinary skill in the art is well taken.                                                                                                            
                                Accordingly, we shall sustain the standing 35 U.S.C.                                                                                                   
                     § 103(a) rejection of claim 1 as being unpatentable over                                                                                                          
                     Grant.  We also shall sustain the standing 35 U.S.C. § 103                                                                                                        
                     rejection of dependent claims 2 through 16 and 18 through 26                                                                                                      
                     as being unpatentable over Grant since the appellants have not                                                                                                    
                     challenged such with any reasonable specificity, thereby                                                                                                          
                     allowing these claims to stand or fall with parent claim 1                                                                                                        
                     (see In re Nielson, supra).                                                                                                                                       
                                We shall not sustain the standing 35 U.S.C. § 103(a)                                                                                                   
                     rejection of claims 38 through 66 as being unpatentable over                                                                                                      
                     Sawtell in view of Grant.                                                                                                                                         
                                Sawtell discloses a multi-ply insulation blanket formed                                                                                                
                     of superposed insulating sheets tied together by adhesive-                                                                                                        
                     reinforced  stitching 11, scoring 18 or dimples 20.  The                                                                                                          
                     blanket is adapted to be disposed between structural members                                                                                                      
                     such as the rafters 20  of a roof.  According to Sawtell,1                                                                                                                  

                                1 Sawtell has employed reference numeral 20 to denote both                                                                                             
                     the dimples (see Figure 5) and the rafters (see Figure 7).                                                                                                        
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