Appeal No. 96-3745
Application 08/269,916
the express disclosure by Garries of the applicability of the
invention to ridge vent type ventilators, that disclosure
being noted earlier in this opinion. It follows that,
contrary to appellant’s position (main brief, page 7, and
reply brief, page 2), the applied patents would have clearly
been suggestive of their combination, without hindsight
reliance upon appellant’s disclosure. Again contrary to the
view of appellant (main brief, page 7), the modified roof
ridge vent of Sells would include an elongated longitudinally
extending movable member that extends along a vent part
substantially parallel to a ridge board (member). As to the
remarks of appellant regarding claim 12 (main brief, pages 7
and 8), it is clear to us that the inclusion of the flapper
valves of Garries within compartments defined between an
exterior panel and interior baffle would have been suggestive
to one of ordinary skill in the art of the positioning of
flapper valves in the compartments present in the Sells
configuration. The examiner has appropriately pointed out to
appellant (answer, page 5) that the test for obviousness is
not based upon a determination of whether features of one
reference can be bodily incorporated into another to yield a
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