Appeal No. 1999-1082 Page 2
Application No. 08/813,359
BACKGROUND
The appellant's invention relates to a snow guard (claims 1-4 and 6-15) and to a
method of preventing snow and ice from falling from roofs (claim 17). An understanding of
the invention can be derived from a reading of exemplary claim 1, which appears in the
appendix to the appellant's Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Zaleski Des. 254,051 Jan. 29, 1980
McMullen Des. 314,506 Feb. 12, 1991
Kwiatkowski et al. (Kwiatkowski) 5,570,557 Nov. 05, 1996
Claims 1, 6, 9-15 and 17 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kwiatkowski.
Claims 2-4 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Kwiatkowski in view of McMullen.
Claims 7 and 8 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Kwiatkowski in view of Zaleski.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejections, we make reference to the Answer (Paper
No. 10) and the Supplemental Answer (Paper No. 11) for the examiner's complete
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