Appeal No. 2001-1845
Application 09/093,454
As for appellants’ assertions with regard to window panels
necessarily being included in the building as shown in Figures 1
and 10 through 13 of Pracht, and the weight to be accorded the
declaration of Richard A. Behr, we remain of the view expressed
on pages 7 and 8 of our earlier decision.
Regarding appellants’ argument that the flexible means (74,
78) of Pracht seen in Figures 6 and 7 are illustrated for a
vertical seam and only used between panels on the same story, we
again find appellants’ view of the teachings in Pracht to be too
narrowly focused. The disclosure in column 5 of Pracht,
following the discussion therein of Figure 4, is that with all
panels installed on the building, the joints between adjacent
panels are sealed to form a contiguous weathertight wall surface
and that the preferred means for sealing the joints between
adjacent panels is shown in Figure 7. In our view, this
disclosure in Pracht applies to adjacent panels attached to a
single floor of the building (i.e, vertical seams), as well as to
adjacent panels on adjacent floors of the multi-story building
(i.e., horizontal seams) so as to provide the contiguous
weathertight wall surface desired by the patentee.
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