Ex parte BROWN et al. - Page 4




              Appeal No. 95-3935                                                                                           
              Application 08/162,995                                                                                       


              the fiberglass having the Icote thereon to be rolled and folded without the Icote cracking or                
              crumbling.                                                                                                   
                     Brouessard discloses a waterproofing or sealing surfacing for facades of buildings,                   
              comprised of a fibrous material having thereon resin droplets over which is applied a                        
              polyethylene sheet which protects against rain (col. 1, line 62 - col. 2, line 9).  The surfacing            
              composite then can be wound on itself (col. 3, lines 29-37).  After the polyethylene sheet                   
              has been removed, a smooth finish is applied to the fibrous material having resin droplets                   
              thereon (col. 2, lines 40-43).                                                                               
                     The examiner argues that Webb discloses the same material for the same purpose                        
              as appellants’ composite, and that Webb’s material therefore inherently is flexible (answer,                 
              page 9).  This argument is not well taken because Webb teaches that the Icote contains                       
              cement and water which are added at the time of mixing (col. 3, lines 10-20), and the                        
              teaching that the cement is not added until the time of mixing indicates that the cement                     
              would cause premature hardening of the composition if it were added earlier.  Thus, the                      
              reference indicates that the Icote coating is a hardened coating rather than being a flexible                
              coating as required by appellants’ claim 1.                                                                  
                     The examiner argues that almost anything will flex if enough pressure is applied                      
              (answer, page 8).  This argument is unpersuasive because it does not address the                             
              requirement in appellants’ broadest claim that the binder is sufficiently flexible to allow                  


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