Appeal 2007-1677
Application 10/121,491
(Br. 2). The masking material is in the form of an elongate component
having a dark colored portion and a light colored portion, with a strip of
pressure sensitive adhesive on each surface (Br. 3). Claim 1 is illustrative of
the invention and is reproduced below:
1. A masking material for masking a swage line of an article, the
material comprising an elongate body of foam material, the body having
longitudinally extending edges on opposite sides of a longitudinally
extending body portion at least two differently coloured portions and
adhesive for attaching the material to the article, wherein the material is
constructed so that a colour contrast along one longitudinal edge of the
material provides a continuous sight line to assist locating the material along
the swage line.
The Examiner has relied on the following references as evidence of
obviousness:
Alef US 3,752,304 Aug. 14, 1973
Francis EP 0 384 626 A2 Aug. 29, 1990
Siero EP 1 025 910 A2 Aug. 09, 2000
ISSUES ON APPEAL
Claims 1, 3-5, 7-10, and 17-19 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over Siero in view of Francis (Answer 3).
Claims 11 and 16 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Siero in view of Francis and Alef (id.).
Appellant contends that Siero does not disclose a material having at
least two differently colored portions which provide a continuous sight line
along a longitudinal edge of the material, but, rather, discloses a flat piece of
paper/plastic material with a pattern on its top surface (Br. 7; Reply Br. 2).
Appellant contends that Francis does not teach or suggest a color
contrast provided along the longitudinal edge of the foam, and thus the
2
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