Appeal 2007-0916
Application 10/051,486
Ordinary level of skill in the art
The material aspects of the art are predictable. Those having ordinary
skill in the art have long been familiar with composite roofing materials
using layers, tabs, headlaps, and color variations to produce the appearance
of wood and other traditional roofing materials. Indeed, Corbin describes
the art has having attained success in simulating wooden shakes and so
focuses on simulating tile roofs instead.30 Even in its approach to simulating
tile, Corbin assumes skilled artisans will readily understand that other
configurations are possible, albeit less practical.31 In short, skilled artisans
were able to balance aesthetic choices versus production costs.
Weaver similarly assumes broad skill in the reader. Examples include
the choice of the base material;32 the choice of color and granule material;33
the number, width, and color of horizontal striations depending on the
aesthetic effect sought;34 and the procedures for manufacturing such shingles
with such features.35 Weaver describes the equipment for producing such
tiles as "sophisticated".36
Hannah is a design patent which provides no explicit discussion of the
knowledge and abilities in the art. Nevertheless, Hannah's drawings suggest
a capacity among shingle aestheticians to use multi-layer shingles with tabs
30 Corbin at 3:10-21.
31 Id. at 8:47-54.
32 Weave at 3:56-62.
33 Id. at 3:66-4:8.
34 Id. at 4:21-31.
35 Weaver at 4:55-67.
36 Id. at 5:58-6:2.
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