Ex Parte PELOSI - Page 2



          Appeal No. 2002-1749                                                        
          Application No. 09/395,270                                                  

                    providing a dimensionally stable sheet having a backing           
               with a top side and a bottom side, said backing being made             
               from a material and having adhesive applied to at least one            
               of said top or bottom sides;                                           
                    placing said sheet on an existing subfloor;                       
                    providing a carpet; and                                           
                    placing said carpet on said sheet.                                
               The references applied by the examiner in the final                    
          rejection are:                                                              
          Murphy et al. (Murphy)       5,601,910             Feb. 11, 1997            
          Wyman                        5,902,658             May  11, 1999            
          SIGA, Installation Instructions Tips & Tricks, pages unnumbered,            
          no date available.                                                          
          Shaw Indus. (Shaw), Technical Bulletin, Nos. 78, 82, 83, pages              
          unnumbered (Shaw Indus., December 1995).                                    
               The following rejections are before us for review:                     
               (1) claims 1-8 and 10, rejected under 35 U.S.C. § 103 as               
          being unpatentable over Wyman in view SIGA;1                                
               (2) claim 9, rejected under 35 U.S.C. § 103 as being                   
          unpatentable over Wyman in view of SIGA and further in view of              
          Murphy;                                                                     

               1In the final rejection, claims 1-8 and 10 were also                   
          rejected under 35 U.S.C. § 103 as being unpatentable over Wyman             
          and claim 8 was also rejected under 35 U.S.C. § 103 as being                
          unpatentable over Wyman in view of Shaw, however, these                     
          rejections have since been withdrawn.  See page 3, lines 15 to              
          18, and page 4, last two lines, of the answer.                              
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