Ex parte CRAIG A. ANDERSON - Page 3




          Appeal No. 96-2771                                                          
          Application 08/239,334                                                      


               Claim 13 stands rejected under 35 U.S.C.  103 as being                
          unpatentable over Kessler.                                                  
               Rather than reiterate the examiner’s full explanation of               
          the basis for the above-noted rejection and the conflicting                 
          viewpoints advanced by the examiner and the appellants regarding            
          the rejection, we make reference to the examiner’s answer (Paper            
          No. 12) for the examiner’s reasoning in support of the rejection            
          and to appellants’ brief (Paper No. 11) and reply brief (Paper              
          No. 13) for appellants arguments’ thereagainst.                             
                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to appellants’ specification and claim, to            
          the applied prior art reference and to the respective positions             
          articulated by appellants and the examiner.  As a consequence of            
          our review, we have made the determination that prior art relied            
          on by the examiner is insufficient to establish the obviousness             
          of the subject matter of appellants’ claim 13 under 35 USC  103.           
          Our reasoning for this determination follows.                               
               Kessler discloses, as depicted in Figures 1 and 2 a nail               
          fin 12 which is operatively secured to the frame 11 of a window             
          2.  The nail fin has a substantially flat body portion 14 and an            
          inner end portion 20 for insertion onto a kerf 21.  The nail fin            

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