Ex parte CHOUINARD - Page 5




          Appeal No. 1999-2425                                                        
          Application 08/659,380                                                      


          engages the carpet piles just above the fabric backing, also                
          functions during laying of the carpet by pulling pile away                  
          from a carpet seam so that the carpet edges are brought into                
          close abutting relationship and the backing tape more firmly                
          locks the raw tufts and backing together (col. 2, lines 42-51;              
          figure 4a).                                                                 
               The examiner argues that “[i]t would have been obvious to              
          one having ordinary skill in the art to have employed a flat                
          pressing surface on the tool taught by Wentz, since Reinhard                
          recognizes the desirability of employing a flat pressing                    
          surface                                                                     




          on an operator-manipulated carpet seaming tool to provide                   
          uniform pressing force” (final rejection mailed November 11,                
          1997, paper no. 7, pages 2-3).  The examiner does not point                 
          out, and it is not apparent, where Reinhard indicates that the              
          surface is flat in order to provide a uniform pressing force.               
          Regardless, even if a uniform force is beneficial in pressing               
          Reinhard’s binding tape to the carpet backing or pulling the                
          carpet piles back from the seam, the examiner has not                       
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