Appeal No. 97-1777
Application 08/328,708
Australian Patent Document
The claims on appeal stand rejected as follows:
a) claims 1 through 4 and 7 under 35 U.S.C. § 102(b) as being anticipated by
Aarons;
b) claims 1, 4, 7 and 8 under 35 U.S.C. § 102(b) as being anticipated by Wigington;
c) claims 5 and 6 under 35 U.S.C. § 103 as being unpatentable over Aarons or
Wigington; and
d) claims 8 through 11 under 35 U.S.C. § 103 as being unpatentable over Aarons in
view of Wigington.
Reference is made to the appellants’ main and reply briefs (Paper Nos. 9 and 11)
and to the examiner’s main and supplemental answers (Paper Nos. 10 and 12) for the
respective positions of the appellants and the examiner with regard to the merits of these
rejections.
Aarons discloses “apparatus for protecting gutters on roofs from damage caused
by the pressure of a ladder against the outer side of the gutter during roofing or other
building operations” (page 2). The apparatus “may be made of metal or may be moulded
in plastic provided adequate strength and rigidity are maintained” (page 4).
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