Appeal 2007-0916
Application 10/051,486
On this record, the Examiner has established that the subject matter
Appellant claims is prima facie obviousness under 35 U.S.C. § 103. It is my
view that the Examiner’s case for obviousness has not been rebutted.
Therefore, I would affirm the Examiner’s final rejections.
Nevertheless, the Majority has raised new issues and entered new
grounds of rejection in this case on that basis without acknowledgment. No
final rejection based on concepts of “printed-matter” was presented for
appeal. On this record, I find elements of function in the claim limitations
the Majority refers to as purely aesthetic distinctions. I’m not buying the
extra gloss the Majority has added to its composition without considering the
claimed composition as a whole, especially without proper or adequate
briefing and focus.
lp
cc:
James J. Dottavio,
OWENS CORNING
2790 COLUMBUS ROAD
GRANVILLE, OH 43023
Phi D. A, with Lanna Mai, GROUP ART UNIT 3637, and with Peter M.
Cuomo, GROUP ART UNIT 3634.
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