Appeal No. 2004-1016
Application No. 10/174,567
To remedy this deficiency, the examiner refers to the
disclosure of Allred. Allred teaches a ventilating device for
building foundation comprising a mounting plate 16 corresponding
to the claimed stationary grill, an operating plate 20
corresponding to the claimed movable grill and a knob 38
corresponding to the claimed projecting actuator. According to
the examiner (Answer, page 5), Allred teaches that the operating
plate and knob can be integrally molded from a plastic material.
The examiner then concludes (Id.) that
At the time of the invention, it would have been
obvious to a person or ordinary skill in this art to
integrally mold the projecting actuator to the movable
grill in Dunlap in view of the teachings of Allred.
In other words, it is the examiner’s position that the combined
teachings of Dunlap and Allred would have motivated one of
ordinary skill in the art to employ the operating plate and knob
integrally molded from a plastic material for a building
ventilation system as the shuttle and the handle of Dunlap’s
automobile radiator system. See the Answer, pages 9 and 10. We
do not agree.
Dunlap is directed to an improvement in automobile radiator
shuttles in which it employs a particular handle (a projecting
actuator) to control the flow of air to a radiator from the
interior of an automobile. See column 1, lines 1-21. Although
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