Appeal 2006-2874
Application 09/888,044
supports. The face panel is made from a synthetic polymer while the
channel members are made from a metal.
DISCUSSION
The Examiner relies on Taylor for a disclosure of the invention as
claimed. The Examiner notes that only a portion of each channel member,
i.e., an aluminum rod insert, is made of metal. Thus, the Examiner further
relies on Ruggles for a teaching that the frame of the shutter can be made of
metal as well as other materials (Answer 5, citing col. 6, ll. 10-14). See
Answer, para. bridging 6-7.
Appellants concede that Taylor incorporates metal rods into his
shutter. However, Appellants maintain that the present invention is
patentable over Taylor, because Taylor fails to disclose or suggest channel
members made from a metal that form the exterior edges of a shutter (Br. 2).
Appellants further assert that Taylor teaches away from the claimed
invention because Taylor conceals the aluminum rods from view by
ensuring that they are imbedded within the shutter as opposed to forming
exterior vertical edges (Br. 3). Appellants also point out that the metal rod
inserts of Taylor are used only for reinforcement of the shutter while “the
first and second channel members of the present application, not only
reinforce, but also consolidate the entire structure by enclosing the vertical
edges of the shutter” (Br. 3-4). Appellants argue that Ruggles merely states
that the frame of the shutter may be constructed from various materials and
provides no motivation or suggestion to modify Taylor’s shutter such that
the exterior vertical edges are formed from metal (Br. 4).
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