Ex parte FALUDY et al. - Page 7




          Appeal No. 1997-0276                                                        
          Application No. 08/357,641                                                  


          outer wall of Mattice.  No purpose, articulated by the                      
          examiner, or otherwise, would be served by an extension of the              
          tarp or awning.  Accordingly, the rejection is not well                     
          founded, and we will not sustain the rejection of claims 8 and              
          9.                                                                          
               Turning to a consideration of claim 10, we note that the               
          extendable unit therein claimed does not rely on any                        
          fenestration for patentability.  As noted supra, Mattice                    
          shows, particularly in Figure 9, a tarp 128 and roller 130.                 
          We note from the Figure that roller 130 extends at an                       
          elevation higher than the horizontal top wall of the                        
          extendable slide-out unit.  Turning to a consideration of                   
          Boyer, Boyer shows a retractable fabric roof for an automotive              
          vehicle in which the take-up roller 23 is mounted at an                     
          elevation lower than what could be said to be the horizontal                
          top wall.  The examiner is of the view that it would have been              
          obvious to mount the roller of Mattice below the horizontal                 
          top wall so that the position of the roller would be more                   
          easily accessible for cleaning and maintenance.  We are in                  
          agreement with the examiner that Boyer would have been                      
          suggestive of mounting the take-up roller 130 of Mattice in                 
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