Appeal No. 2006-1489
Application No. 10/452,059
The foregoing exposition illustrates our earlier mentioned
point that the disclosure of Rowe encompasses a wide variety of
laminate forms including, for example, patentee’s laminate in the
form of a flashing strip having dimensions of 12 inches by 40
inches. We highlight these dimensions because they correspond to
typical dimensions for 4 of the 5 shingles illustrated on page 2,
chapter 1 of the Manual (i.e., Exhibit B). Furthermore, the
penultimate shingle displayed on this page has not only the
dimensions but also the appearance and shape (i.e., a rectangular
shape with no cut outs for tabs) as the 12 inch by 40 inch
laminate flashing strip discussed previously.
The above exposition emphasizes the point that the shingle
types and laminate forms encompassed by appealed claim 1 and the
Rowe patent respectively include embodiments which possess
indistinguishable features such as size, shape and appearance.
Other indistinguishable features possessed by the roofing element
of claim 1 and the roofing laminate of Rowe include the here
claimed limitations not argued by the appellants such as a multi-
layer structure, a skin and core arrangement, and the materials
of construction which are recited in claim 1. We are convinced
by these circumstances that the independent claim on appeal
includes within its scope roofing elements of the shingle or tile
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