Ex parte SELLS - Page 5




          Appeal No. 96-3745                                                          
          Application 08/269,916                                                      


          apparent that “said cover plate” (claim 12, lines 5 and 6) and              
          the earlier recited “a cap plate” (claim 12, line 3) address                
          the same component.  As to the asserted confusion between “a                
          cap plate” (claim 12, line 3) and the “cover” of claim 1, we                
          understand the specified cap plate as a component of the                    
          cover.  In light of the above, we determine that the metes and              
          bounds of appellant’s invention are determinable,                           
          notwithstanding claim informalities therein.5                               






                                The obviousness issue                                 
               We affirm the rejection of claims 1 and 12 under 35                    
          U.S.C.  § 103.                                                              

               Claim 1 is drawn to a ventilating device for a roof                    
          having a longitudinally extending ridge member supported by                 
          transversely spaced inclined rafters, with a vent opening in                
          the roof extending longitudinally along the ridge member, the               

               It is expected that the noted informalities will be rectified during5                                                                     
          any further prosecution before the examiner.                                
                                          5                                           





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