Ex Parte Graham et al - Page 5




         Appeal No. 2004-2038                                                       
         Application No. 09/681,778                                                 



              Claim 1 appears below.                                                


              An exterior panel comprising:                                         
              a) an upper portion having a width;                                   
              b) a lower portion; and                                               
              c) a plurality of slots extending across the width of said            
         upper portion of said exterior panel, wherein said upper portion           
         is fixedly securable, and wherein said plurality of slots permit           
         relative movement of said lower portion of said exterior panel to          
         said upper portion of said exterior panel.                                 


              At the outset, it is important to recognize, as did the               
         examiner (answer, page 5), that claim 1 defines an exterior panel          
         per se, i.e., only an external panel is broadly claimed, and not           
         other structure; for example, nails for fixedly securing the               
         panel when in use.                                                         


                             The King patent rejection                              


              Like the examiner (answer, pages 3 and 4), we readily                 
         perceive that claim 1 is anticipated by the teaching of King,              
         i.e., the content of broad claim 1 reads on the King disclosure.           



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