Appeal No. 2001-2265
Application No. 09/151,934
admission that such a combination of rollers was known in the art
for making sunshade panels (specification, page 2, lines 30-32).
The examiner argues (answer, pages 8, 9, 12, 15 and 17) that
Howell, which is directed toward shaping metal panels for making
relatively large buildings, teaches that edges of a sheet can be
flanged by roller forming (col. 1, lines 9-13; col. 7, lines 47-
58).
The JP ‘080 sunshade panel has no flanged edge, as discussed
above, and the examiner has not established that the JP ‘080
panel would have flanged longitudinal edges if it were made using
Westaway’s convex and concave rollers, one being metal and the
other being elastic according to the appellants’ admitted prior
art. The examiner relies upon Howell for a teaching that it was
known in the art to flange the edges of a panel using roller
forming. The examiner, however, has not established that
Howell, which is directed toward forming metal building panels
having flanges which are fastened to the flanges of other panels
by bolts, rivets or welding (col. 7, lines 52-58), would have led
one of ordinary skill in the art to flange edges of the JP ‘080
sunshade panel.
For the above reasons we find that the examiner has not set
forth a factual basis which is sufficient to support a conclusion
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