Ex Parte Phillips - Page 6

              Appeal 2007-0916                                                                   
              Application 10/051,486                                                             

              fifth colored granules having a different coloration or shade than the second      
              colored granules."25                                                               
                   Claim 26: "the first colored granules form a shadow line adjacent the         
              leading edge of the tab across substantially the entire width of the tab."26       
                   Claim 27: "the first colored granules comprise darker granules than           
              the second colored granules."27                                                    
                   Claim 33: "fifth colored granules adhere to the outer surface of each         
              of the tabs separated from the first and sixth colored granules by the second      
              colored granules, the fifth colored granules hav[ing] a different coloration or    
              shade than the second colored granules and form[ing] a fourth shadow line          
              adjacent the headlap section."28                                                   
                   Claim 43: "granules of the first color or shade are applied to portions       
              of the base material corresponding to the tab and spaced from the leading          
              edge of the tab and separated from the granules applied to the leading edge        
              of the tab by the granules of the second color."29                                 
                   For the purposes of this decision, we may accept the differences              
              Owens Corning urges as differences from the prior art with a few caveats.          
              Owens Corning does not contend that its inventors invented overlays, tabs,         
              headlaps, the use of more than one color of granules, or the method of laying      
              down more than one color of granule.  Instead, each stated difference              
              appears to relate to the positioning of a shadow line or colored granules.         

                                                                                                
              25 AB at 25.                                                                       
              26 AB at 25.                                                                       
              27 AB at 25.                                                                       
              28 AB at 26.                                                                       
              29 AB at 26.                                                                       
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