Ex Parte Nien - Page 2




              Appeal No. 2006-0172                                                                                                              
              Application No. 10/460,478                                                                                                        


              sides of the slats.  When the slats (22) are in their open position as seen, for example,                                         
              in Figures 1 through 3, the light screening fabric flaps (26) hang down and cover the                                             
              space between the slats thereby providing a light screening face (29) that “screens and                                           
              softens the light, producing a tender and pleasant lighting atmosphere in the room”                                               
              (specification, page 8).  Independent claims 1 and 13 are representative of the subject                                           
              matter on appeal and a copy of those claims may be found in the “Claims Appendix”                                                 
              attached to appellant’s brief.                                                                                                    


              The prior art references relied upon by the examiner in rejecting the claims on                                                   
              appeal are:                                                                                                                       
              Kandel     3,490,515   Jan. 20, 1970                                                                                              
              Zorbas     5,829,506   Nov.  3, 1998                                                                                              
              Claims 1 through 9 and 13 through 15 stand rejected under                                                                         
              35 U.S.C. § 103(a) as being unpatentable over Zorbas in view                                                                      
              of Kandel.                                                                                                                        


              Rather than attempt to reiterate the examiner's commentary with regard to the                                                     
              above-noted rejection and the conflicting viewpoints advanced by appellant and the                                                
              examiner regarding the rejection, we make reference to the answer (mailed May 26,                                                 
              2005) for the examiner's reasoning in support of the rejection, and to appellant’s brief                                          


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