Ex Parte Porter - Page 2


         Appeal No. 2004-1810                                                       
         Application No. 10/155,392                                                 



                   7. A substantially planar cementitious board                     
              having first and second opposed faces, said                           
              cementitious board comprising:                                        
                   hydraulic cement cementitious matrix material;                   
              and                                                                   
                   composite fabric reinforcement embedded within                   
              said cementitious matrix material, said reinforcement                 
              comprising an open mesh first component of high                       
              modulus fiber strands continuously coated with alkali-                
              resistant polymeric material and a nonwoven web second                
              component, wherein at least one of said first and                     
              second components is treated to enhance at least one                  
              of wetting and adhesion characteristics thereof with                  
              respect to said hydraulic cement cementitious matrix                  
              material.                                                             

              The examiner relies upon the following references as                  
         evidence of unpatentability:                                               
         Kennedy et al. (Kennedy)      5,308,692      May   3, 1994                 
         Newman et al. (Newman)        6,054,205      Apr. 25, 2000                 


              On page 6 of the brief, appellant states that the                     
         claims stand or fall together.  Accordingly, we consider                   
         claim 7 in this appeal.  37 CFR § 1.192(c)(7-8)(2003).                     
              Claims 7 and 29-31 stand rejected under 35 U.S.C.                     
         § 103 as being unpatentable over Newman in view of Kennedy.                

                                    OPINION                                         
              We refer to pages 3-4 of the answer regarding the                     
         examiner’s rejection.                                                      
              On page 8 of the brief, appellant argues that claim 7                 
         requires that the first and second components of the fabric                
         reinforcement, that is embedded within the cementitious                    
         matrix material, is treated to enhance at least one of                     

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