Ex parte TODD - Page 2




                    Appeal No. 1999-2733                                                                                                      
                    Application 08/230,634                                                                                                    


                    an opening.  According to claim 70, the only independent claim on appeal, the closure assembly                            
                    comprises a flexible perforated sheet that is movable from a retracted position to an extended                            
                    position extending across the opening.  Claim 70 additionally recites that, in addition to being                          
                    perforated, the flexible sheet has “a permanent memory set to gather itself automatically into a                          
                    compact configuration proximate to [the] rear end edge [of the sheet].”  According to                                     
                    dependent claim 71, the perforated sheet is a screen or a woven article.  According to                                    
                    dependent claim 72 the compact configuration of the perforated sheet comprises a coil.                                    
                                 A copy of the appealed claims is appended to appellant’s brief.                                              
                                 The following references are relied upon by the examiner in support of his rejections                        
                    under 35 U.S.C. § 102(b) and 35 U.S.C. § 103:                                                                             
                    Renton                                  2,584,369                                Feb. 5, 1952                          
                    Taber                                   3,195,616                                July 20, 1965                         
                    Smith                                   5,123,474                                June 23, 1992                         

                             The grounds of rejection are as follows:                                                                         
                             1. Claims 70-73 and 77-80 stand rejected under 35 U.S.C. § 102(b) as being                                       
                    anticipated by Renton.                                                                                                    




                             2. Claims 74 and 75 stand rejected under 35 U.S.C. § 103 as being unpatentable over                              
                    Renton in view of Taber.                                                                                                  
                             3. Claim 76 stands rejected under 35 U.S.C. §103 as being unpatentable over Renton                               

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