Ex Parte Bouic - Page 3

                    Appeal 2007-1677                                                                                                         
                    Application 10/121,491                                                                                                   

                    combination of Francis with Siero would not provide a continuous sight line                                              
                    on the longitudinal edge as required by claim 1 on appeal (Br. 7-8; Reply Br.                                            
                    3).  Appellant contends that a checkered pattern on the top surface of flat                                              
                    paper would not accomplish the intended function of the claimed invention                                                
                    (Reply Br. 3).                                                                                                           
                             Appellant contends that there is no motivation to combine the                                                   
                    teachings of Siero and Francis, as the combination would not lead to a useful                                            
                    article and would be “nonsensical” (Br. 8).                                                                              
                             The Examiner contends that Siero discloses a masking material                                                   
                    comprising an elongated body having longitudinally extending edges on                                                    
                    opposite top sides of a longitudinally extending body portion with at least                                              
                    two differently colored portions and an adhesive for attaching the material to                                           
                    an article, where the material is constructed so that a color contrast along                                             
                    one longitudinal edge provides a continuous sight line (Answer 4).                                                       
                             The Examiner contends that the combination of Siero and Francis is                                              
                    proper since both references are directed towards masking materials used to                                              
                    mark off areas for painting, while Francis teaches that foam masking                                                     
                    material in the shape of an elongate body was known in the painting industry                                             
                    (Answer 5).                                                                                                              
                             Accordingly, the issues presented in the record of this appeal are as                                           
                    follows:  (1) does Siero disclose or suggest an elongate body masking                                                    
                    material, where the body has longitudinally extending edges on opposite                                                  
                    sides of a longitudinally extending body portion, at least two differently                                               
                    colored portions, and an adhesive for attaching the material to an article,                                              
                    where the material is constructed so that a color contrast along one                                                     


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