Ex Parte BROWN et al - Page 2



            Appeal No. 2004-2377                                                                          
            Application No. 09/201,353                                                                    

                  i) a layer of building sheathing:                                                       
                  ii) a barrier layer of water resistant adhesive which                                   
            substantially completely covers and adheres to said building                                  
            sheathing; and                                                                                
                  iii) a layer of thermal insulation adhered to said building                             
            sheathing by said water-resistant adhesive, wherein said barrier                              
            layer of water-resistant adhesive further comprises a water-                                  
            based, water-resistant, non-cementitious adhesive having                                      
            sufficient tack to rapidly secure said layer of thermal                                       
            insulation to said building sheathing.                                                        
                                            THE PRIOR ART                                                 
                  The references relied on by the examiner to support the                                 
            final rejection are:                                                                          
            Moore et al. (Moore)       3,672,951           Jun. 27, 1972                                  
            Edgar et al. (Edgar)       5,410,852           May  02, 1995                                  
            The description of “generally available” adhesives in the                                     
            paragraph bridging pages 4 and 5 of the appellants’ specification                             
            (the admitted prior art)                                                                      
                                           THE REJECTIONS                                                 
                  Claims 1, 3 through 7 and 10 through 15 stand rejected under                            
            35 U.S.C. § 103(a) as being unpatentable over Moore in view of                                
            the admitted prior art.                                                                       
                  Claims 1 and 3 through 15 stand rejected under 35 U.S.C.                                
            § 103(a) as being unpatentable over Edgar in view of the admitted                             
            prior art.                                                                                    
                  Attention is directed to the main and reply briefs (Paper                               
            Nos. 32 and 34) and the answer (Paper No. 33) for the respective                              

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