Ex parte CRAIG A. ANDERSON - Page 4

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

                includes a fold line 16 so that the nail fin can be folded in the                                                             
                manner illustrated by the dashed line depiction in Figure 2 to a                                                              
                position “along the side of frame 11" so that the window and nail                                                             
                fin occupy less space when the window and nail fin are placed in                                                              
                a carton for shipping (Col. 3, lines 30-37).                                                                                  
                         The examiner is of the opinion that Kessler discloses a                                                              
                nail fin as claimed except that the Kessler fold line does not                                                                
                allow the nail fin to lie flush against the window frame.                                                                     
                However, the examiner stated:                                                                                                 
                         ... as Kessler states the fold line is so positioned                                                                 
                         that little additional space is occupied which is the                                                                
                         same result as applicant is trying to achieve.                                                                       
                         Therefore, it is deemed an obvious matter of design                                                                  
                         choice to have placed the fold line closer to the                                                                    
                         frame than to have the fold line where Kessler has                                                                   
                         placed his because booth [sic] [K]essler and                                                                         
                         applicant strive to achieve the same result.                                                                         
                         [Examiner’s Answer at pages 2-3].                                                                                    
                         We do not agree.  We find nothing in Kessler that teaches                                                            
                or suggests to a person of ordinary skill in the art locating the                                                             
                fold line 16 closer to the frame.  Rather, Kessler discloses at                                                               
                Col. 3 lines 38-42:                                                                                                           
                         Wing or flange 19  is formed integrally with the2                                                                                
                         nailing section 14 of the nailing fin and extends                                                                    
                         out over the hinge section...  In this arrangement,                                                                  

                         2Flange 19 is improperly labeled “18" in Figure 2.  In                                                               
                accordance with Kessler (Col. 3, lines 1-3) 18 is the tongue                                                                  

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Last modified: November 3, 2007