Ex parte PATEL et al. - Page 8




          Appeal No. 98-1458                                         Page 8           
          Application No. 08/499,211                                                  


               The appellants argue (brief, pp. 5-6) that claims 1                    
          through 5 are patentable since the above-quoted limitation                  
          from claim 1 is not met by Godes.  Specifically, the                        
          appellants point to the relationship between hammer 35 and                  
          ridges 30 and 34 as shown in Figure 4 of Godes as establishing              
          that Godes lacks the above-quoted limitation from claim 1.  We              
          do not agree.  As pointed above, it is only necessary for the               
          claims to "read on" the siding panel disclosed in Godes to be               
          "fully met" by it.  In this instance, while there are nail                  
          driving articles (such as the hammer 35 shown in Figure 4 of                
          Godes) that are not able to be accommodated within the space                
          between Godes' ridges 30 and 34, we agree with the examiner                 
          (answer, p. 4) that the space between Godes' ridges 30 and 34               
          is sufficient to accommodate other nail driving articles such               
          as a small head hammer or an air-pressure nail gun, which have              
          heads/nozzles smaller than the head of hammer 35.                           


               Since all the limitations of claim 1 are met by Godes,                 
          the decision of the examiner to reject claim 1 under 35 U.S.C.              
          § 102(b) is affirmed.  Claims 2 through 5 which depend from                 
          claim 1 have not been separately argued by the appellants as                







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