Ex parte JENKINS et al. - Page 2




          Appeal No. 1997-0449                                                        
          Application 08/380,244                                                      


          directed to the composition roofing shingle disclosed in this               
          application.  In Appeal No. 94-1620 in Application 07/859,240,              
          the parent of the present application, we affirmed rejections               
          of all the claims then pending under 35 U.S.C. § 112, second                
          paragraph, and 35 U.S.C. § 103.  Appellants elected to                      
          continue prosecution by way of this continuation application,               
          wherein the claims of the parent ‘240 application have been                 
          amended, new claims have been added, and evidence of                        
          nonobviousness in the form of declarations by co-inventor                   
          Robert L. Jenkins have been submitted.                                      
               Appellants’ invention pertains to a composition roofing                
          shingle which includes a shingle body having a layer of                     
          elongated release material affixed to an exposed face thereof.              
          The release material further bears planographic indicia                     
          thereon for identifying the shingle as to at least one                      
          parameter of its manufacture.  Claim 1, the sole independent                
          claim on appeal, is illustrative of the appealed subject                    
          matter and reads as follows:                                                
               1.  A composition roofing shingle comprising an elongated              
          shingle body having an exposed face, and a separate layer of                
          elongated release material affixed to said exposed face                     
          throughout the extent of the shingle body, said release                     

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