Ex parte CLINE - Page 4




                 Appeal No. 1999-1082                                                                                 Page 4                     
                 Application No. 08/813,359                                                                                                      


                 conclusion of obviousness may be made from common knowledge and common sense of                                                 
                 the person of ordinary skill in the art without any specific hint or suggestion in a particular                                 
                 reference.  See In re Bozak, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA                                                       
                 1969).Insofar as the references themselves are concerned, we are bound to consider the                                          
                 disclosure of each for what it fairly teaches one of ordinary skill in the art, including not only                              
                 the specific teachings, but also the inferences which one of ordinary skill in the art would                                    
                 reasonably have been expected to draw therefrom.  See In re Boe, 355 F.2d 961, 965,                                             
                 148 USPQ 507, 510 (CCPA 1966) and In re Preda, 401 F.2d 825, 826, 159 USPQ 342,                                                 

                 344 (CCPA 1968).                                                                                                                

                         This invention relates to an apparatus and method for preventing large sheets of ice                                    
                 or snow from sliding or falling from roofs.  As manifested in independent claim 1, the snow                                     
                 guard comprises a base, a plate extending from the top surface of the base, support                                             
                 members having lower edges integrally attached to the top surface of the base and                                               
                 integrally attached to the plate, and multiple vents provided in the bottom surface of the                                      
                 base and extending inward from the side edges of the base.   Independent claim 17 sets                                          
                 forth a method in which multiple snow guards having the structure recited in claim 1 are                                        
                 adhesively attached to a roof.  These claims stand rejected by the examiner as being                                            
                 unpatentable over Kwiatkowski.                                                                                                  











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