Appeal No. 1997-2781 Page 5
Application No. 08/422,348
In the present case, appellants’ rigid panel merely serves
as a protective cover for the screen. In contrast, McDonald’s
solid outer panel member 10 serves as an exterior closure door
for a building (see column 1, lines 15-18, and column 2, lines
57-60, of the McDonald specification) to provide protection
against cold and/or inclement weather (see column 2, lines 57-
60, of the McDonald specification).
Stevens discloses a ventilating window structure having a
fixed outer glass pane 56 and an inner glass pane 56a which is
movable between opened and closed positions. Both of the glass
panes are provided with air ventilation holes 53, 57. When the
inner glass pane is moved to its closed position in the
proximity of the outer glass pane, it seats against grommets 54
around the screened holes 53 in the outer glass pane to seal
off the screened holes 53, thereby preventing the circulation
of air through holes 53. We fail to understand how such an
arrangement can be incorporated into McDonald’s screen and
exterior closure door assembly.
Furthermore, we do not agree that Stevens broadly suggests
the concept of providing air ventilating holes in a closure
structure such as McDonald’s exterior closure door 10 because
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