Ex Parte Pelosi - Page 2



          Appeal No. 2006-1819                                            2                           
          Application No. 10/102,445                                                                  

          generally desired to be unnoticeable to people walking on the                               
          flooring over the juncture.  In particular, the claims on appeal                            
          are directed to a transition support comprising an elongated wedge                          
          in sheet form for smoothly bridging the region at the juncture                              
          between the different height materials. See, for example, Figure 1                          
          of the application drawings.  Independent claims 12, 20, 23 and 31                          
          are representative of the subject matter on appeal and a copy of                            
          those claims can be found in the Appendix attached to appellant’s                           
          brief.1                                                                                     

          The sole prior art reference relied upon by the examiner in rejecting the appealed          
          claims is:                                                                                  
                                                                                                     
               1  As is evident from the communication from the examiner                              
          mailed December 27, 2004, the claims as they appear in the                                  
          Appendix to the brief and as set forth in the amendment filed                               
          June 2, 2003 are those that are on appeal. Likewise, the changes                            
          in the specification found in the amendment of June 2, 2004 have                            
          been entered by the examiner, thereby rendering moot the change                             
          requested in the supplemental amendment after final rejection                               
          attached to the appeal brief.                                                               


















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