Ex Parte Weiss - Page 3

            Appeal 2007-0872                                                                                
            Application 10/159,762                                                                          

        1                                 FINDINGS OF FACT                                                  
        2          We agree with Appellant (Brief 6) that Schaap discloses a screen 1 that has              
        3   one end attached to a roller mechanism in the usual manner and that is mounted                  
        4   within a housing 2 situated above the opening.  The opposite end of the screen 1 is             
        5   attached to a pull beam 3.  The screen 1 is wound around the roller mechanism and               
        6   is lowered from the housing 2 to cover the opening by being unwound from the                    
        7   roller mechanism.  Alternatively, the screen 1 is raised to cover the opening by                
        8   being wound onto the roller mechanism and retracted into the housing 2.  Thus, the              
        9   Schaap screen 1 alternatively is wound around the roller mechanism and is                       
       10   unwound from the roller mechanism.                                                              
       11          We further agree with Appellant (Brief 6) that the Schaap device has a side              
       12   guide 4 disposed to each side of the screen 1, which extends through a slot 7 in the            
       13   side guide 4.  The pull-beam 3 is guided in these side guides 4 in the usual manner.            
       14   A guiding rod 5 is provided to extend axially in each side guide 4.  Each side guide            
       15   of the screen 1 is provided with a hem that engages one of the guide rods and slides            
       16   along the guide rod 5 in the usual manner as the screen 1 is raised or lowered.                 
       17          Likewise, we agree with the Appellant (Brief 7) that Fernandez Lopez                     
       18   discloses a shade for a roller blind that includes a woven fabric 1 having at regular           
       19   intervals, and in crosswise or transverse direction, a series of bands 2 obtained               
       20   during the weaving of the fabric 1.  Each band 2 comprises two plies 3 and 4,                   
       21   defining between them a pocket 5 for housing a corresponding rod which a roller                 
       22   blind typically carries at regular intervals and wherein each of the pockets 5 is               
       23   defined by a different band 2.                                                                  
       24          Fernandez Lopez further includes a “lower hem which is similarly obtained                
       25   during the actual process of weaving of the fabric, since similarly to the bands or             
       26   strips for housing the rods, said lower hem also forms a woven band, of greater                 

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