Ex Parte Metzger - Page 2

                Appeal 2006-3390                                                                                                             
                Application 10/441,783                                                                                                       

           1            1.   A zipper slide, comprising:                                                                                     
           2                     a forward end configured to receive two disconnected rows of zipper                                         
           3            teeth and defining front side walls and front upper and front lower surfaces;                                        
           4                     a rearward end configured to receive a connected end of the two rows                                        
           5            and defining rear side walls and rear upper and rear lower surfaces; and                                             
           6                     a front guard formed as a single, unitary piece with the zipper slide                                       
           7            and attached to the forward end and comprising:                                                                      
           8                             a first wedge defined by the front side walls                                                       
           9                     forwardly converging; and                                                                                   
          10                             a second wedge defined by the front upper and front                                                 
          11                     lower surfaces forwardly converging.                                                                        
          12                                                                                                                                 
          13    21.              A zipper slide comprising formed[1]  a zipper guard formed as a                                             
          14            unitary piece with the zipper slide, the zipper guard comprising a                                                   
          15            compound wedge  shape configured and arranged to remove fabric or other                                              
          16            obstacles from an opening in the zipper slide when the zipper slide is moved                                         
          17            along a zipper.                                                                                                      
          18                                                                                                                                 
          19                                             THE REFERENCE                                                                       
          20    Baroky                                             US 4,819,308                               Apr. 11, 1989                  
          21                                              THE REJECTION                                                                      
          22            Claims 1, 2, 5, 12, 13, 15 and 21 stand rejected under 35 U.S.C. § 102(b) as                                         
          23    anticipated by or, in the alternative, under 35 U.S.C. § 103 as obvious over Baroky.                                         
          24                                                   OPINION                                                                       
          25            The rejection under 35 U.S.C. § 102(b) is reversed as to claims 1, 2, 5, 12,                                         
          26    13 and 15, and affirmed as to claim 21.  The rejection under 35 U.S.C. § 103 is                                              
          27    affirmed.                                                                                                                    




                                                                                                                                             
                1 In claim 21 the first appearance of “formed” should be deleted.1                                                                                                                           
                                                                     2                                                                       


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