Ex parte SMITH et al. - Page 7




          Appeal No. 2000-2006                                                        
          Application No. 09/027,173                                                  


          provides for what are apparently non-elastic load securing                  
          ropes (14) to allow for more secure attachment of the                       
          tarpaulin to the vehicle.  In addition, we share appellants'                
          view that the applied references do not teach or suggest a                  
          tarpaulin having the particular multi-layered construction set              
          forth in claim 1, wherein the tarpaulin main sheet has                      
          reinforcing webbing applied to an outer side thereof, a                     
          retroreflective sheeting "incorporated onto the reinforcing                 
          webbing," and a plurality of non-elastic straps "joined to                  
          said retroreflective sheeting on said outer side" for                       
          attaching to a perimeter of a vehicle.  More particularly,                  
          there is no teaching or suggestion in any of the three                      
          references applied by the examiner of a multi-layer                         
          construction wherein non-elastic straps are joined to a                     
          retroreflective sheeting on the outer side of a                             


          tarpaulin as required in the claims on appeal and as generally              
          seen in Figure 5 of the application.                                        


          Since it is our determination that the teachings and                        
          suggestions found in Hansen, Tolliver and Jones would not have              
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