Ex parte COWAN - Page 4



          Appeal No. 96-4044                                                          
          Application 08/396,253                                                      


          structure with the claimed relationship of the width of the                 
          reflective tape to the height of the openings in the fence such             
          that substantially the entire surface area of the reflective tape           
          overlying the openings adheres to the backing strip.                        


               In support of patentability, appellant contends on pages 3,            
          4 and 6-8 of the brief that the claimed relationship of the width           
          of the reflective tape to the height of the openings and to the             
          backing strip solves two problems not solved or even recognized             
          by the applied references. First, he states that the claimed                
          relationship eliminates ?any creases in the reflective tape strip           
          means across its entire width in the region of the openings,                
          . . .? (brief, page 7). Second, he states that the claimed                  
          relationship ?eliminates any possibility of the reflective tape             
          strip means being pulled away from the backing strip means across           
          its width in the region of the openings . . .? (brief, page 7).             


               We have carefully considered the issues raised in this                 
          appeal together with the examiner’s remarks and appellant’s                 
          arguments. As a result, we conclude that the rejection of the               
          appealed claims cannot be sustained.                                        



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