Ex Parte LUGER - Page 11



          Appeal No. 2001-1280                                                        
          Application No. 07/977,163                                                  

          construe claim 11 as being directed only to a rearview mirror,              
          including a blind-spot mirror, a principal mirror mounted to the            
          blind-spot mirror by means of a wedge-shaped support structure,             
          and a frame immediately supporting the blind-spot mirror, with              
          the wedge-shaped support structure and principal mirror being               
          oriented with respect to the blind-spot mirror such that, when              
          the rearview mirror is mounted to a vehicle, the thin edge of the           
          wedge points inward toward the vehicle.  It is also worthy of               
          note that claim 11 is not limited to a rearview mirror for                  
          mounting on the driver's side of a vehicle.                                 
               Consistent with our discussion, supra, the designation of              
          the wedge-supported mirror as the principal mirror and the mirror           
          supporting the wedge-shaped support structure and principal                 
          mirror as the blind-spot mirror distinguishes the subject matter            
          of claim 11 from Lawson's mirror assembly, if at all, only in the           
          manner of intended use of the mirror assembly.  Such a                      
          distinction, as also mentioned above, cannot be relied upon to              
          support the patentability of the claimed product over the prior             
          art product.                                                                
               With regard to the limitation in claim 11 that the thin edge           
          of the wedge point inward toward the front and opposite side of             
          the vehicle when mounted to a vehicle, we note that the driver's            
                                         11                                           




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