Ex parte MOLLER - Page 10




                 Appeal No. 2000-0941                                                                                    Page 10                        
                 Application No. 09/077,362                                                                                                             


                 The obviousness rejection based on Cadmus                                                                                              
                          We will not sustain the rejection of dependent claims 3                                                                       
                 and 10  under 35 U.S.C. § 103 as being unpatentable over5                                                                                                                           
                 Cadmus.                                                                                                                                


                          As set forth above, it is our opinion that Cadmus'                                                                            
                 strips 14 do not "hang freely" from his shade 10 due to the                                                                            
                 presence of stitching 16.  In this rejection, the examiner                                                                             
                 appears (answer, page 4) to have concluded that it would have                                                                          
                 been obvious at the time the invention was made to a person                                                                            
                 having ordinary skill in the art to eliminate Cadmus'                                                                                  
                 stitching 16 to permit Cadmus' strips 14 to hang freely.                                                                               
                 However, since the examiner has not                                                                                                    













                          5Claims 3 and 10 indirectly depend from claim 1.                                                                              







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