Ex Parte Miller et al - Page 1



                       The opinion in support of the decision being entered today                   
                                is not binding precedent of the Board.                              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                                     
                                        ________________                                            
                           BEFORE THE BOARD OF PATENT APPEALS                                       
                                      AND INTERFERENCES                                             
                                        ________________                                            
                      Ex parte SCOTT C. MILLER and KENNETH B. HIGGINS                               
                                        ________________                                            
                                         Appeal 2006-3149                                           
                                       Application 09/864,478                                       
                                      Technology Center 1700                                        
                                        ________________                                            
                                      Decided:  August 13, 2007                                     
                                        ________________                                            
              Before EDWARD C. KIMLIN, BRADLEY R. GARRIS, and                                       
              CHARLES F. WARREN, Administrative Patent Judges.                                      
              KIMLIN, Administrative Patent Judge.                                                  

                                      DECISION ON APPEAL                                            
                    This is an appeal from the final rejection of claims 12, 14-16, 22, 23,         
              26, and 28-30.  Claim 12 is illustrative:                                             
                    12.   A carpet tile, comprising a primary carpet and a cushion layer            
              comprising a layer of polyurethane foam, wherein the primary carpet has a             
              face weight less than or equal to about 15 oz/yd2 and wherein the layer of            
              polyurethane foam has a weight of about 2.72 - 8.24 oz/yd2 and a density              
              less than about 10 lbs./per cubic foot.                                               

                                                                                                   



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