Ex Parte POKORZYNSKI et al - Page 6


          Appeal No. 2003-1176                                                         
          Application No. 09/074,288                                                   

          Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir.              
          1997).                                                                       
               The appellants argue: “[B]efore impregnation with the                   
          moldable polyurethane, the partly cellular high density lamina               
          12 does not bond finish face 13 to the sheet of glass fibre 24.”             
          (Appeal brief, page 6.)  The appellants, however, have not                   
          identified any evidence to support the conclusion that “the                  
          partly cellular high density lamina 12 does not bond finish face             
          13 to the sheet of glass fibre.”  Neither the appealed claims                
          nor the specification places any limitation on the degree of                 
          “bonding” required.  In any event, we find that the rigid foam               
          polyurethane penetrating or embodying the filament glass                     
          substrate 11 bonds the partly cellular high density lamina                   
          12/finish face 13 structure to the substrate 11.                             
               The appellants urge that “after impregnation of the sheet               
          of glass fibres 24 with the moldable polyurethane, there is                  
          provided a resulting substrate that fails to meet the                        
          requirement for a porous substrate.”  (Appeal brief, page 6.)                
          Further, the appellants allege: “The facts that the foam                     
          material partially penetrates the pore structure to bond to the              
          substrate does not mean that the substrate is fully impregnated              
          or encompassed by the foam.”  (Reply brief, page 1.)  As pointed             
          out by the examiner (answer, page 6), the appellants’ position               

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