Ex Parte MAY - Page 1



               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                                Ex parte DAVID C. MAY                                 
                                  ________________                                    
                                Appeal No. 2006-1309                                  
                             Application No. 09/166,625                               
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before KIMLIN, WARREN, and WALTZ, Administrative Patent Judges.             
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1,                
          3-10 and 12-17.  Claim 1 is illustrative:                                   
               1.  A drop cloth for covering a surface, comprising:                   
               a first layer having a non-woven fabric material, said                 
          non-woven fabric material including natural fibers; and                     
               a second layer attached to said first layer, said second               
          layer having a liquid impervious plastic material;                          
               wherein said first layer has a thickness;                              
               wherein said thickness is in the range of 1 to 2 mils.                 
                                         -1-                                          



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