Appeal No. 2006-0172
Application No. 10/460,478
in the second long side of the screening element or flap that extends from the slat, as
required in the claims on appeal. We agree with appellant and for that reason will not
sustain the examiner’s rejection of claims 9 and 15 under 35 U.S.C. § 103(a).
To summarize, the examiner’s rejection of claims 1 through 8, 13 and 14 under 35
U.S.C. § 103(a) relying on Zorbas and Kandel has been sustained, while the rejection of
claims 9 and 15 under 35 U.S.C. § 103(a) based on the same patents has not been
sustained. Thus, the decision of the examiner is affirmed-in-part.
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