Appeal No. 1999-0611 Page 8
Application No. 08/814,272
of the panels comprises a pattern (176 to 186) formed by
raised mullions. From our viewpoint, the upright rectangular
patterns formed by the raised mullions and the portions of the
panels exposed within the patterns give the overhead door
shown in either Figure 5D or Figure 5E a facade of three
upright doors. Therefore, we do not agree with the appellant
that "[t]he door configurations of [Lewis] do not show a front
facade of a plurality of upright doors," as argued by the
appellant on page 11 of the brief.
Accordingly, we shall sustain the examiner's rejection of
claim 1, and of claims 2, 3, 10, 12, 14 to 16, 23, 25, 28 and
30 which stand or fall therewith, under 35 U.S.C. § 102(e).
As to claim 7, each panel of the Lewis door comprises an
outer skin (54) forming the front face of the panel. The
appellant's only argument with regard to the separate
patentability of claims 7 to 9, 20 to 22 and 27 is that Lewis
does not have "adjacent panels having sheet members that
overlap any panel structure" (brief, page 11). This is not
found persuasive as it is not commensurate in scope with claim
7, which merely requires that the front wall of each panel
include sheet members. Moreover, we note that each panel
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007