Appeal 2007-0872
Application 10/159,762
1 With reference to Figure 6, the web 36 has been pulled out laterally from the
2 window for insertion of guides or rods 72. Therefore, it can not be said to have
3 been guided across the window opening at this stage of Gottschalk’s assembly. The
4 argument that Gottschalk teaches away from the weaving or knitting of pockets
5 directly into the fabric because sewn pockets would make the web thicker and
6 therefore more protective is conjecture on the part of the Appellant.
7 In the Reply, Appellant argues that the rods of Gottschalk do not provide a
8 guiding function. We disagree. After the rods 72 are inserted in pockets 70 and as
9 the ends of the rods are placed over raised members 50, the fabric is guided into its
10 precise desired position protecting the window opening.
11 With respect to claim 31, here again we do not find in the prior art tubular
12 pockets that extend in two perpendicular directions and cross in the fabric and thus
13 we will reverse the rejection as to this claim.
14 With respect to claims 33-36 we also affirm the rejection of these claims
15 based as they are on the additional disclosure of Swanson which shows the feature
16 of a foil or coating on a roller blind web and Gottschalk’s disclosure of a PVC
17 coating. Using coatings and layers for weather protection (Gottschalk), heat
18 insulation, light blockage or reflection, and air tightness while permitting
19 illumination or vision (Swanson) are all features that are known in the prior art and
20 would have been obvious to use on a roller blind web with predictable results.
21 Finally, turning to a consideration of claim 40, we do not find in the prior art
22 the specific teaching that the thickness of the tubular pockets is substantially the
23 same as the thickness of the fabric web between the tubular pockets. As far as we
24 can determine, the Examiner has not addressed this feature with a convincing
25 argument. Accordingly, the rejection of claim 40 is also reversed.
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