Ex parte BRITT - Page 13




          Appeal No. 1999-0635                                           13           
          Application No. 08/688,825                                                  


               As discussed above, Hutchinson does not teach and would                
          not have suggested provision of the mesh material (7) as a                  
          free standing structure for use as a barrier to intruders and,              
          in fact, would have suggested to one of ordinary skill in the               
          art that the disclosed mesh material (7) would not have been                
          sufficient, alone, as a barrier.  Thus, we cannot agree with                
          the examiner that it would have been obvious, in view of the                
          combined teachings of Warfel and Hutchinson, to provide the                 
          reeled wire mesh material (7) of Warfel in lieu of the                      
          slidable panel arrangement disclosed by Warfel.                             
               Moreover, even assuming that Warfel and Hutchinson would               
          have suggested modification of the Warfel barrier by                        
          attachment of the reeled wire mesh material (7) taught by                   
          Hutchinson to the frames of the barrier as an auxiliary guard,              
          such an arrangement would still not result in flexible                      
          material means "spanning a lower portion of the otherwise                   
          unobstructed opening of said door to provide a visual barrier               
          deterring egress of pets or small children while leaving an                 
          upper portion of the opening unobstructed" as required by the               
          claims.                                                                     









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