Ex parte WHICKER, JR. - Page 11




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


          that is used in an entirely disparate environment from that of              
          Adams (i.e., to form a venting screen 24 on the sail of a kite-             
          like flying machine), and there is absolutely nothing in the                
          combined teachings of Adams, Latimer and Hadzicki which would               
          fairly suggest making the traffic marker or indicator of Adams of           
          this lightweight material.                                                  
               In rejecting independent claim 20 the examiner has                     
          additionally relied on the teachings of Hull; however, the                  
          examiner has only relied on this reference for a teaching of                
          ground securement means and a storage container.                            
               With respect to Rejections (9) and (10), we have carefully             
          reviewed the teachings of Wolff and Nowell but find nothing                 
          therein which would overcome the deficiencies of Adams, Latimer,            
          Hadzicki and Hull that we have noted above.  This being the case            
          we will not sustain Rejection (2) (i.e., claim 20 as being                  



          unpatentable over Adams in view of Latimer, Hull and Hadzicki;              
          Rejection (9) (i.e., claims 21-23 as being unpatentable over                
          Adams in view of Latimer, Hull, Hadzicki and Wolff) and Rejection           
          (10) (i.e., claim 24 as being unpatentable over Adams in view of            
          Latimer, Hull, Hadzicki and Nowell).                                        

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