Ex parte KERR - Page 3




              Appeal No. 1999-0822                                                                          3                
              Application No. 08/732,866                                                                                     

                                                       THE CLAIMS                                                            

              Claims 1 and 5 are illustrative of appellant’s invention and are reproduced below:                             
                      1.    A launderable floor covering mat, comprising:                                                    

                      a plurality of tufts disposed in a carrier layer;                                                      

                      a layer of thermoplastic adhesive disposed on the side of the carrier layer                            
                      from which the tufts do not extend; and                                                                

                      at least a first layer of vulcanized thermoplastic elastomer including cross-                          
                      linked rubber particles dispersed in a matrix of thermoplastic disposed over the                       
                      layer of thermoplastic adhesive, wherein the thickness of the first layer of                           
                      vulcanized thermoplastic elastomer is greater than about 20 mil and wherein the                        
                      floor covering mat possesses suitable flexibility to be laundered by an industrial                     
                      washing machine.                                                                                       

                      5.    The floor covering mat of Claim 1, further including a reinforcing layer of                      
                      thermoplastic material disposed across the layer of vulcanized thermoplastic                           
                      elastomer; and a second layer of vulcanized thermoplastic elastomer disposed in                        
                      sealing relation over the reinforcing layer of thermoplastic material wherein the                      
                      second layer of vulcanized thermoplastic elastomer has a composition which is                          
                      substantially the same as the first layer of vulcanized thermoplastic elastomer. 1                     

                                             THE REFERENCE OF RECORD                                                         

              As evidence of obviousness, the examiner relies upon the following reference:                                  

              Bistak et al. (Bistak)                             4,746,688                                May 24,            
              1988                                                                                                           
                                                   THE REJECTIONS                                                            

                      Claims 1 through 7 stand rejected under 35 U.S.C. § 112, first paragraph, as                           

              containing subject matter which was not described in the specification in such a way as to                     

                      Claim 5 as presented in APPENDIX A is substantially incorrect.  We review claim 5 as filed with the1                                                                                                     
              original specification.                                                                                        





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