Ex parte HUMPHRIES - Page 5




          Appeal No. 1998-0490                                                        
          Application 08/543,057                                                      


          the transverse dimension or height of a vehicle windshield).                


               In our opinion, the content of claims 1 and 14 is simply               
          not anticipated by the invention of Moll.  Unlike the claimed               
          invention, Moll explicitly requires a quadrafoldable (Fig. 3c)              
          windshield sunshade (Figs. 1 and 2) having longitudinal                     
          creases or folds on its interior surface (column 1, lines 57                
          through 61 and column 2, line 67 to column 3, line 1).  In                  
          fact, Moll expressly points out that the longitudinal folds                 
          are not transverse accordion folds (column 3, lines 29 through              
          32).  For these reasons, the anticipation rejection of                      
          appellant’s claims is not sound, and must be reversed.                      


                               The obviousness issues                                 


               We reverse the rejection of claims 4, 9, and 10 under                  
          35 U.S.C. § 103(a) as being unpatentable over Moll.                         


               At the outset, we note that independent claim 9, akin to               
          claims 1 and 14 discussed above, requires a plurality of                    
          creases defining sides of planar elements that extend from the              
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