Ex parte KAWANABE - Page 2




                     Appeal No. 1998-1937                                                                                                                                              
                     Application No. 08/518,509                                                                                                                                        
                     withdrawn from                                                                                                                                                    





                     further consideration under 37 CFR § 1.142(b) as not being                                                                                                        
                     readable on the elected species.                                                                                                                                  
                                Appellant’s invention pertains to “an overhead door                                                                                                    
                     suspended from the top of an opening of a cabinet or the like                                                                                                     
                     and capable of being lifted until it is placed on the roof                                                                                                        
                     wall of the cabinet to keep the door open” (specification,                                                                                                        
                     page 1).  A further understanding of the invention can be                                                                                                         
                     derived from a reading of exemplary claim 3, a substantially                                                                                                      
                     correct copy of which appears in an appendix to appellant’s                                                                                                       
                     main brief.2                                                                                                                                                      
                                The references relied upon by the examiner as evidence of                                                                                              
                     obviousness are:                                                                                                                                                  
                     Holmes                     2,388,654              Nov.  6,                                                                                                        
                     1945                                                                                                                                                              
                     Ferris                   2,390,086              Dec.  4,                                                                                                          
                     1945                                                                                                                                                              
                     Carson et al. (Carson)     5,524,979              Jun. 11,                                                                                                        
                     1996                                                                                                                                                              

                                2In the copy of claim 3 found in the appendix to                                                                                                       
                     appellant’s main brief, line 7, “said one of the corresponding                                                                                                    
                     stays” should read --said corresponding one of the stays--.                                                                                                       
                                                                                          2                                                                                            





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