Appeal No. 1997-0449
Application 08/380,244
13. From our perspective, claim 13 injects an element of1
uncertainty into the claims in calling for the release
material, previously recited as being “affixed to said exposed
face . . . of the shingle body” (claim 1), as also being “a
preprinted portion of a roll of release material” (claim 13).
Accordingly, we will sustain this rejection.
The rejection under 35 U.S.C. § 103
An analysis of independent claim 1 reveals that the
claimed subject matter is a roofing shingle comprising (1) a
shingle body having an exposed face, (2) a separate layer of
elongated release
material affixed to the exposed face of the shingle body, and
(3) planographic indicia for identifying the shingle as to at
least one parameter of its manufacture located on the release
material at predetermined intervals. In the present case,
1In the event of further prosecution, appellants may wish
to amend claim 13 to read as follows:
13. The shingle according to claim 2, wherein
prior to its application to the shingle body, the
indicia and release material together comprise a
preprinted portion of a roll of release material.
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