Ex parte YANNY - Page 2




          Appeal No. 97-0928                                         Page 2           
          Application No. 08/353,190                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a roof flashing.  An              
          understanding of the invention can be derived from a reading of             
          exemplary claim 1, which appears in the appendix to the                     
          appellant's brief.                                                          


               The prior art reference of record relied upon by the                   
          examiner as evidence of anticipation under 35 U.S.C. § 102(b) and           
          obviousness under 35 U.S.C. § 103 is:                                       
          Hasty                    5,036,636                Aug. 6, 1991              



               Claims 1, 3 through 11, 14 and 17 through 21 stand rejected            
          under 35 U.S.C. § 102(b) as being anticipated by Hasty.                     


               Claims 2, 12, 13, 15, 16 and 22 stand rejected under                   
          35 U.S.C. § 103 as being unpatentable over Hasty.                           


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the § 102(b) and § 103             
          rejections, we make reference to the final rejection (Paper No.             
          5, mailed November 29, 1995) and the examiner's answer (Paper No.           
          10, mailed June 25, 1996) for the examiner's complete reasoning             







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