Appeal No. 96-3822
Application 08/143,384
of an inorganic oxide or nitride after deposition on the
substrate (see '112, column 5, lines 59 through 61; '876, column
7, lines 57 through 59). Lewicki, Jr. teaches embossing the wear
layer of a composite comprising a substrate and a wear layer
after the wear layer is affixed to the substrate. The wear layer
is describe as "vinyl or like wear layer" (column 1, lines 59 and
60).
In my opinion, the prior art relied on (excluding the so-
called admissions) does not raise a prima facie case of
obviousness. The primary references do not emboss the entire
composite but only the substrate before laying down the wear
layer. While the so-called secondary art embosses a composite
after the wear layer is deposited on the substrate, the wear
layer is not inorganic let alone a non-particulate inorganic.
There is no prior art which teaches embossing in any manner a
substrate comprising a non-particulate inorganic oxide film
deposited by a reduced pressure environment technique. There-
fore, I do not see that any prima facie case of obviousness is
raised by the prior art patents on which the examiner relies to
reject appellants' claims.
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