Ex parte NOONE et al. - Page 3




                  Appeal No. 1999-0705                                                                                         Page 3                     
                  Application No. 08/129,615                                                                                                              


                  2.       Claims 13 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                               
                  Matthews in view of Donaldson, as applied above, and further in view of O'Donnell.                                                      
                  3.       Claims 17, 19 and 22 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                           
                  Matthews in view of Donaldson, as applied to claims 1, 6, 15, 16, 25, 26, 28-30, 32, 33 and                                             
                  35 above, and further in view of Cole.                                                                                                  
                  4.       Claims 23 and 24 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                               
                  Matthews in view of Donaldson and Cole, as applied to claims 17, 19 and 22 above, and                                                   
                  further in view of O'Donnell.                                                                                                           
                           Reference is made to the brief (Paper No. 25) and the answer (Paper No. 26) for the                                            
                  respective positions of the appellants and the examiner with regard to the merits of these                                              
                  rejections.                                                                                                                             
                                                                      OPINION                                                                             
                           In reaching our decision in this appeal, we have given careful consideration to the                                            
                  appellants' specification and claims, to the applied prior art references, and to the respective                                        
                  positions articulated by the appellants and the examiner.  As a consequence of our review, we                                           
                  make the determinations which follow.                                                                                                   
                           Independent claim 1 requires, inter alia, a pair of generally spaced apart webs, "meeting                                      
                  in a common line, forming a generally inverted, smoothly contoured and curved, U-shaped                                                 
                  groove tile cut line therebetween."  Similarly, independent claims 15, 17, 25, 29, 30 and 35                                            









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