Ex parte HOFFMAN - Page 2




                 Appeal No. 98-0059                                                                                                                     
                 Application No. 08/540,548                                                                                                             

                 constituted all of the claims of record in the application.                                               2                            
                 An amendment after the final rejection was entered (Paper No.                                                                          
                 10), which alleviated a rejection under 35 U.S.C. § 112, first                                                                         
                 paragraph, but did not overcome the standing rejection of all                                                                          
                 pending claims under 35 U.S.C. § 103.                                                                                                  
                          The appellant's invention is directed to a roof flashing                                                                      
                 strip.  The subject matter before us on appeal is illustrated                                                                          
                 by reference to claim 1, which reads as follows:                                                                                       
                          1. A prefabricated flashing strip system for                                                                                  
                 weatherproofing intersection of upright wall and a shingled                                                                            
                 roof, the system comprising:                                                                                                           
                          a plurality of partially overlapping adjacently disposed                                                                      
                 flashing cards, each of the plurality of partially overlapping                                                                         
                 adjacently disposed flashing cards having a substantially                                                                              
                 vertical portion and a substantially horizontal portion.                                                                               
                          a sealing, watertight adhesive interposed between                                                                             
                 adjacent flashing cards for sealably mounting the vertical                                                                             
                 portion of each of the plurality of partially overlapping                                                                              
                 adjacently disposed flashing cards to the vertical portion of                                                                          
                 an adjacent flashing card, forming a substantially watertight                                                                          
                 seal therebetween; and                                                                                                                 
                          wherein a shingle is slidably seated between the                                                                              
                 substantially horizontal portion of each of the plurality of                                                                           
                 partially overlapping adjacently disposed flashing cards.                                                                              



                          2Paper No. 8, the final rejection, erroneously                                                                                
                 indicated that claim 6 was still of record, although it had                                                                            
                 been canceled in the amendment designated as Paper No. 7.                                                                              
                                                                           2                                                                            





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