Appeal No. 2006-0602 4
Application No. 10/260,600
first and second rinks. Each of the dasherboards includes an upper
transparent section (42) to allow spectator viewing and a lower
section (44), which is apparently not transparent (col. 6, lines
36-43). The dasherboards also include movable sections or gates
(20, 20’, etc.) to allow interconnection between the rinks (12,
12’) and corridors (14, 14’). The floors of the corridors, like
the ice rinks, also constitute skating surfaces. The space above
the ice rinks and dasherboards, between the dasherboards and the
spectator seating areas, and the seating areas themselves in Martin
appear to be open to the building ceiling thereby facilitating
spectator viewing of the ice rinks while allowing airflow for
heating and air conditioning as shown in Figure 14.
Like appellant, we fail to find in Martin any showing,
teaching or suggestion of a spectator viewing space like that
defined in claim 1 on appeal. In particular, there is no
disclosure in Martin of “a ceiling extending said inter-rink
distance from said first wall and said second wall along at least a
portion of said first and second walls” so as to provide an
arrangement wherein “said first side wall, said second side wall,
said ceiling and said floor define therebetween a chamber
comprising a climate controlled spectator viewing space,” as in
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