Ex Parte Cuderman - Page 9

                Appeal 2007-2606                                                                             
                Application 10/903,376                                                                       
                 [18] A transparent flexible acetate cover sheet 30 fits over the top of the                 
                      picture or document (Wenkman col. 1, ll. 57-60; col. 3, ll. 46-52; Fig.                
                      1).                                                                                    
                            3.  The Examiner's findings and conclusions                                      
                 [19] The Examiner found that Hull disclosed a picture frame comprising                      
                      (a) four frame molding sections (bottom 7, sides 8 and top 12), (b)                    
                      opposing grooves 9 in opposing sides 8, and (c) a pair of transparent                  
                      panels 10 (Answer 6, ¶¶ 9 - 7 and 11; 8, ¶ 16).                                        
                 [20] With respect to claim 2, the Examiner expressly found that Hull                        
                      discloses "each frame section has grooves or slots such that opposite                  
                      top and bottom frame sections and opposing left and right side frame                   
                      sections have grooves/slots" (Answer at 9, ¶ 20).                                      
                 [21] The Examiner further found that Hull failed to disclose the transparent                
                      panels 10 being made of a flexible material (Answer 8, ¶ 11).                          
                 [22] The Examiner found that Wenkman discloses a picture frame having                       
                      four frame molding sections 16, 18, 20, 22 mounted to form a                           
                      rectangular frame adapted to receive a flexible transparent sheet 30                   
                      and a display sheet (Answer 8, ¶ 17).                                                  
                 [23] The Examiner concluded that it would have been obvious to one of                       
                      ordinary skill in the art "to construct the frame taught by Hull with                  
                      flexible transparent sheets as taught by Wenkman to provide a                          
                      protective transparent covering that can be easily inserted into the                   
                      slotted or grooved frame members" (Answer 8-9, ¶ 18).                                  
                 [24] In particular, the Examiner stated that "[t]he advantage of using a                    
                      flexible transparent material is that it is malleable, light weight, and               



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