Ex parte JAMES R. LUND - Page 3




                Appeal No. 97-0338                                                                                                            
                Application 08/229,398                                                                                                        


                shield extends laterally from one side of the hood to the other,                                                              
                as shown in Fig. 2.3                                                                                                          
                         The Jeep Cherokee vehicle to which the BUG-GARD deflector is                                                         
                attached, as shown in the Exhibit E photographs, has a hood                                                                   
                somewhat like that shown in Willey's Fig. 1, in that it                                                                       
                terminates short of the top edge of the front of the vehicle.                                                                 
                The BUG-GARD is attached to the body, not the hood, and wraps                                                                 
                around the top leading edges of the front fenders.                                                                            
                         The Range Rover vehicle shown in the Exhibit F photographs                                                           
                has a hood which not only covers the engine but also is                                                                       
                integrated with the top edges of the front fenders.  The BUG-GARD                                                             
                is attached to the front of the hood and wraps around the corners                                                             
                of the hood, which also constitute the leading edges of the front                                                             
                fenders.4                                                                                                                     



                         3The drawings of the Willey patent seem to be somewhat                                                               
                inconsistent, in that Fig. 1 shows a hood which does not extend                                                               
                around the top front edge of the vehicle, while Fig. 3 shows the                                                              
                front of the hood curving down to a trim piece 42 on its                                                                      
                lowermost portion 44, spaced above a lower panel by clearance                                                                 
                “C.”  It is evident to us from reading the Willey disclosure that                                                             
                the hood shown in Fig. 3 is the type of hood intended to be                                                                   
                disclosed.                                                                                                                    
                         4Appellant has raised a question as to whether the Range                                                             
                Rover BUG-GARD constitutes prior art as to him.  This question is                                                             
                moot in view of our disposition of the appeal.                                                                                
                                                                      3                                                                       





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