Appeal No. 1999-0972
Application 08/724,340
[a]lthough the rafters 20 will ordinarily be a
fairly standard distance apart, there may be some
variation in spacing in different houses and
buildings. Accordingly, the blankets of insulation
22 are supplied in such width as to adequately fit
the widest spacing which will normally be
encountered. In cases where the full width of the
blankets 22 is not needed, the edges of each blanket
may be conveniently turned down against the sides of
the rafters as indicated at 24 [page 3, column 1,
lines 10 through 19].
As conceded by the examiner (see page 6 in the answer),
Sawtell does not meet the limitations in claims 38 through 66
relating to the modular aspects of the appellants’ invention.
In this regard, independent claim 38, from which claims 39
through 53 depend, recites a building structure comprising,
inter alia, adjacent framing members spaced apart distances
both equal to and less than a standard spacing of at least 15
inches, and an insulation panel comprising at least two
separably joined insulation modules, each having a width of
between about one and eight inches, held in placed between
adjacent framing members spaced apart a distance equal to or
less than the standard spacing. Independent claim 54, from
which claims 55 through 66 depend, recites a method for
insulating cavities defined by framing members spaced apart
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