Ex parte MORRIS et al. - Page 8




                 Appeal No. 96-3771                                                                                                                     
                 Application 08/127,005                                                                                                                 


                 the alternative embodiment of Figs. 12-15 (see column 5, lines                                                                         
                 39                                                                                                                                     
                 et seq.).  The examiner, however, has relied on the embodiment                                                                         
                 of Figs. 8-10 and in this embodiment the ventilator system,                                                                            
                 including the (1) base member 56 and attached leg member 66                                                                            
                 (collectively an air deflector), (2) ventilator member 58,                                                                             
                 (3) filter 62, and (4) top panel 62, are clearly depicted in                                                                           
                 Fig. 10 as separate members (as distinguished from the above-                                                                          
                 noted arrangement in the embodiment of Figs. 12-15 wherein the                                                                         
                 base member and attached leg member, ventilator member and top                                                                         
                 panel are clearly depicted as being of one-piece                                                                                       
                 construction).  Moreover, Waggoner expressly states that the                                                                           
                 “ridge cap ventilator  may be a single unit or an assembly of4                                                                                                
                 several pieces”(column 2, lines 11 and 12; emphasis outs;                                                                              
                 footnote added).  In our view, the arrangement depicted by                                                                             
                 Waggoner in Fig. 10, in conjunction with the above-quoted                                                                              
                 portion of column 2, teaches (or at least fairly suggests)                                                                             
                 that the air deflector (i.e, base member 56 and attached leg                                                                           


                          4Waggoner states that “the ridge cap ventilator 50                                                                            
                 comprises support members 56, ventilating members 58, a cover                                                                          
                 member 60 and a filter 62”(column 4, lines 51-53).                                                                                     
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