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. 4Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007