Appeal No. 2000-0534 Page 9
Application No. 08/929,543
therebetween other than 0 degrees and other than 180 degrees
so that the two end sections are nonlinearly disposed relative
to the central section. When it is desired to move or store
the shield, posts 8 and 10 are lifted off of connectors 11 and
12 formed on the side panels 3 and 4 so that the netting may
be folded and side panels 3 and 4 may be folded onto back
panel 2. 1
2. Claims 22 and 23 are rejected under 35 U.S.C. § 103 as
being unpatentable over Ball. The specific angle formed
between the two end sections of Ball and his central section
is not taught by Ball. Thus, the specific angle chosen is
left up to the artisan to choose. Accordingly, it is our view
that the specific angle formed between the two end sections of
Ball and his central section is an obvious matter of
designer's choice and that in view of the angle shown and
1In any further prosecution of the subject matter of
claims 1, 20 or 21, the examiner should determine whether or
not any of these claims are anticipated by Steen or obvious
over Steen. In that regard, the examiner should determine if
the claimed "one net" is readable on the rearward end 32 and
the lateral sidewalls 28, 30 of Steen's net 16 since these
claims are "comprising" type claims which do not exclude
additional structure (e.g., Steen's other sidewalls 24, 26).
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