Ex parte WHITE - Page 5




          Appeal No. 1999-2456                                       Page 5           
          Application No. 08/655,649                                                  


               The appellant argues that the applied prior art does not               
          suggest the claimed subject matter (brief, p. 3).  We agree.                


               All the claims under appeal require "a generally planar                
          intake cover having a perimeter configuration substantially                 
          the same as the intake opening [of the automobile air vent                  
          system]".  However, this limitation is not suggested by the                 
          applied prior art.  In that regard, while Heinz does teach the              
          use of a removable cowling cover for automobiles, Heinz does                
          not teach or suggest using a cowling cover having a perimeter               
          configuration substantially the same as the intake opening of               
          the automobile air vent system.  In fact, Heinz specifically                
          teaches that his cowling cover is a size, shape and contour                 
          for disposition over at least the cowl portion of the                       
          automobile (see for example column 2, line 38 to column 3,                  
          line 4, and Figure 2).  It is our view that an artisan in                   
          applying the teachings of Heintz to the admitted prior art MG               
          automobile would have sized the cowling cover for attachment                
          to the cowl, not to the size of the grill over the intake                   










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