Ex parte WHICKER, JR. - Page 7




          Appeal No.97-2716                                                           
          Application 08/261,772                                                      


          flexible open weave material of Latimer resists twisting and                
          folding movements by virtue of the fact that it is fastened to a            
          rigid supporting structure or frame by means of hooks or clips;             
          there is, however, no such supporting structure or frame in                 
          Adams.                                                                      
               The examiner makes much out of the fact that Adams, in lines           
          19-26 of column 2, indicates that a plurality of openings                   
          (apparently openings 73) are provided in order to decrease wind             
          resistance and thus effect a reduced tendency for folding or                
          flopping.  We must point out, however, that the openings 73 are             
          on the tail end of the shaft-like portion (rather than the                  
          triangular portion as claimed) and, further, these openings (as             
          the examiner apparently recognizes) do not form an “open weave              
          web” as claimed.                                                            
               As to (B) the examiner has taken the position that it would            
          have been obvious to provide the traffic direction marker or                
          indicator of Adams with a contrasting arrow “since Wolf [sic,               
          Wolff] teaches that a contrasting arrow can be utilized to convey           
          information, and since Latimer teaches that it is known to place            
          information conveying symbols on an open weave material” (answer,           
          page 10).  It is true that Latimer teaches the placement of                 
          “single or multiple symbols, letters, numers, or the like” (see             

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