Appeal No. 2006-1354
Application No. 10/337,026
from connection to the flanges 60 and 66 in the Wiley reference,
thus meeting the recitation ‘a sealing strip, separate from said
first and second flange portions and free of connection to said
first and second flange portions[’]” (Answer, page 5).
We disagree with the examiner’s contention.
Figure 3 of Wiley shows wall panels 46 and 48 bonded to
flanges 60 and 66. Wiley clearly teaches “ends 46a and 48a
include... segments... to form the tamper-evident seal 42” (col.
6, lines 1-3). As shown in Figure 3, these “segments” of ends
46a and 48a are extensions of the wall panels 46 and 48 from the
point at which the wall panels and flanges are bonded. It
follows that ends 46a and 48a in fact are connected via the
segments to flanges 60 and 66. As such, the ends 46a and 48a
are not free of connection to Wiley’s flanges 60 and 66 as
required by appealed claim 10.
Accordingly, we can not sustain this rejection.
Rejection under 35 U.S.C. § 102(e) over Malin
Claims 10 and 11 stand rejected under 35 U.S.C. § 102(e) as
being unpatentable over Malin.
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