Ex parte BERRY - Page 6




          Appeal No. 1999-1740                                       Page 6           
          Application No. 08/799,433                                                  


          line of weakness" for "permitting the second leg to be                      
          separated from the base."                                                   


               The examiner's anticipation rejection (answer, pp. 4 and               
          5-6) is founded on the basis that the claimed "line of                      
          weakness" is readable on the slit 16 in Omura's glass run (see              
          Figure 8).  Specifically, the examiner states (answer, p. 5)                
          that Omura discloses "a slit or line of weakness which is                   
          taught to be ripped or torn."  We do not agree.  We have                    
          reviewed the entire disclosure of Omura and fail to find any                
          teaching therein that Omura's slit is "ripped or torn."                     
          Accordingly, we find ourselves in agreement with the                        
          appellant's argument (brief, pp. 4-6, 8 and 12-13) that Omura               
          does not disclose "a line of weakness" as recited in the                    
          claims under appeal.                                                        


               Since all the limitations of claims 1 to 4, 6 to 8 and 10              
          to 14 are not disclosed in Omura for the reasons stated above,              
          the decision of the examiner to reject claims 1 to 4, 6 to 8                
          and 10 to 14 under 35 U.S.C. § 102(b) is reversed.                          









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