Appeal No. 1999-0636 Page 3
Application No. 08/828,375
BACKGROUND
The appellant's invention relates to an expandable
partition kit or gate assembly which is adapted to be mounted,
in one embodiment, into a wall or, in another embodiment, onto
a finished wall. The assembly includes a housing for storing
the expandable gate in collapsed form. The expandable gate
may be in the form of an accordion gate (2), as illustrated in
Figures 1, 2 and 5 or a rollable netting/fabric/material
stored on a spool within the housing, as illustrated in
Figures 6 through 8. A copy of the claims on appeal is
contained in the appendix to the appellant's brief.2
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Martinek 1,882,331 Oct. 11, 1932
La Mell et al. (La Mell) 4,160,972 Jul. 10,
1979
Johnston 4,821,786 Apr. 18, 1989
A reference made of record by this panel of the Board is:
Christison 2,455,112 Nov. 30, 1948
The following rejections are before us for review.
The copy of claim 20 in the appendix is an inaccurate reproduction of2
the claim of record in that, in line 4, "than" should be "that."
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