Appeal No. 1999-0611 Page 6
Application No. 08/814,272
in our opinion, have an "upright door facade" as required by
the claim. Similarly, the Norberg garage door comprises a
rectangular grid-like pattern of frame members (unnumbered)
projected outwardly from the recessed portions of panels (10,
12, 14, 16), as seen in Figure 1. However, none of the
recessed panel portions exposed by the openings formed by the
frame members has "an upright door facade" as required by
claim 14.
For the above reasons, we shall not sustain the
examiner's rejection of independent claims 1, 14 and 28, or of
claims 2, 3, 7 to 10, 12, 15, 16, 20 to 23, 25, 27 and 30
which depend therefrom, under 35 U.S.C. § 102(b) as being
anticipated by Fimbell or Norberg.
With regard to rejections 4 and 5, the examiner has not
asserted any reason why one of ordinary skill in the art would
have modified the Fimbell or Norberg door to present a facade
of a plurality of upright doors to arrive at the invention of
claims 1 and 28 or to provide a frame means having an opening
exposing a portion of the front wall of the garage door having
a facade of an upright door to arrive at the invention of
claim 14. It follows then that we likewise cannot sustain the
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