Appeal No. 96-3833
ApplicationApplication 08/014,320
heating element having a pair of spaced apart elongated
conductive members extending parallel to the blade and
a PTC material disposed between said conductive
members. [Answer, page 4.]
We also agree the examiner’s following analysis of the
VanSickle patent:
It is not clear how or why Appellant considers 34 to be
an insulating member when VanSickle clearly states
[Column 3, 10-13] “The backing support 32 forms a
channel with inwardly extending projections 34 which
support and retain the wiper blade 18.”. There is no
“insulating” member 34, but rather a wiper blade 18,
which appears to have an upper stiffening portion or
layer, receiving projections 34 of the backing support
32. VanSickle clearly and unarguably sets forth that
the backing support engages the wiper blade.
In view of the above, Appellant’s arguments that
VanSickle teaches away from Appellant’s invention since
VanSickle teaches an insulating layer between the
heating element and the wiper blade are not persuasive.
No such layer is taught by VanSickle. While it is true
that the upper portion of wiper blade 18 of VanSickle
may be of a different material than the lower portion,
as illustrated by the different cross hatching (fig.
3), it is the portions together that make up or
constitute the wiper blade. This interpretation is
reinforced by VanSickle who states that the projections
34 support and retain the wiper blade. Just because
the upper portion of the blade is of a different
material than the lower portion does not mean it is not
part of the blade.
Contrary to appellant’s arguments spanning pages 6 through 8
of the brief, the VanSickle specification unequivocally describes
elements 34 as being the inwardly extending projections of the
wiper blade attachment member or backing support, as VanSickle
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