Appeal No. 97-2968
Application 08/531,077
The appellant’s invention pertains to a roll-up divider for
compartmentalizing a room. Independent claims 1 and 6 are
further illustrative of the appealed subject matter and copies
thereof may be found in the appendix to the appellant’s brief.
The references relied on by the examiner are:
Moss 4,084,683 Apr. 18, 1978
Roller 4,298,048 Nov. 3, 1981
Claims 1 and 13 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Roller.
Claims 4-12, 14 and 15 stand rejected under 35 U.S.C. § 103
as being unpatentable over Roller in view of Moss.
The examiner’s rejections are explained on pages 3-6 of the
answer. The arguments of the appellant and examiner in support
of their respective positions may be found on pages 5-11 of the
brief and pages 6-8 of the answer.
OPINION
Initially, we note that on pages 10 and 11 of the brief the
appellant raises questions as to the propriety of the examiner’s
requirement for correction of the drawing. However, under
35 U.S.C. § 134 and 37 CFR § 1.191, appeals to the Board of
Patent Appeals and Interferences are taken from the decision of
the primary examiner to reject claims. We exercise no general
2
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007