Appeal No. 1999-0972
Application 08/724,340
mineral fiber batts 62, exterior layers 42 encasing the batts
and a support layer 64 interconnecting the batts so as to
space them apart a distance 66 approximately equivalent to the
width of standard construction members such as joists and
studs. The support layer 64 may include perforations 65 to
allow easy separation of the batts.
Here again, the appellants are correct in their
contention that Grant fails to teach the their disclosed
insulation concept. As explained above, however, claim 1 is
drawn to an insulation assembly per se. Although Grant does
not disclose any specific width for insulation modules or
batts 62, the appellants have not disputed the examiner’s
conclusion (see page 5 in the answer) that it would have been
obvious to one of ordinary skill in the art to provide these
modules with a width as recited in claim 1. As so modified,
the Grant insulation assembly 60 would meet all of the
limitations in claim 1 including the functional limitations
relating to the intended use of the claimed assembly. Hence,
the examiner’s conclusion that the differences between the
subject matter recited in claim 1 and the prior art embodied
7
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