Ex Parte Kay et al - Page 6




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


          evidence of record, but must also explain the reasoning by which            
          the findings are deemed to support the agency’s conclusion.”                
          In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.             
          2002).                                                                      


               The Examiner states that Castle teaches all limitations of             
          claim 1 except “a formed groove having the appearance of a mortar           
          reveal.”  See page 2 of the Examiner’s final rejection on May 9,            
          2003 (hereinafter “final”).  The Examiner further states that               
          Koenig teaches the groove having the appearance of a mortar reveal.         
          See page 3 of the final.                                                    
               Appellants do not dispute the Examiner’s finding that the              
          combination of Castle and Koenig teaches all limitations of claim           
          1.  Appellants argue that one of ordinary skill in the coping               
          assembly art would not look to the wall board installation art              
          because coping assemblies deal with protecting a roof wall from             
          the harsh elements of outside environment, which is not a design            
          consideration for wall boards used in environmentally controlled            
          interior rooms.  See last paragraph on page 11 of the brief.                




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