Ex Parte Kay et al - Page 3




          Appeal No. 2004-1274                                                        
          Application 09/951,616                                                      


                         a second  elongated  coping  section                         
                    including an end, the second coping section                       
                    mounted on the top of the wall  to cover a                        
                    second portion of the wall, the second coping                     
                    section being positioned in an end to end                         
                    relationship with the first coping section and                    
                    spaced from the first coping section; and                         
                         a splice plate positioned beneath a                          
                    portion  of  the  first  and  second  coping                      
                    sections, the splice plate including a portion                    
                    that extends between the first and second                         
                    coping sections, wherein the portion of the                       
                    splice plate includes a formed groove having                      
                    the appearance of a mortar reveal.                                

                                   References                                         
               The references relied on by Examiner are as follows:                   
          Castle              5,289,662           Mar.  1, 1994                       
          Koenig et al.       5,263,294           Nov. 23, 1993                       
          (Koenig)                                                                    
                                                                                     
                          Rejection at Issue                                          
               Claims 1-23 stand rejected under 35 U.S.C. § 103 as being              
          obvious over Castle in view of Koenig.                                      
                                       OPINION                                        
               With full consideration being given to the subject matter on           
          appeal, Examiner’s rejections and the arguments of Appellants and           
          Examiner, for the reasons stated infra, we affirm the Examiner’s            
          rejection of claims 1-23 under 35 U.S.C. § 103.                             

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