UNITED STATES PATENT AND TRADEMARK OFFICE
BOARD OF PATENT APPEALS AND INTERFERENCES
Appeal No. 2007-0196
Reexamination Control No. 95/000,009
Alfred D. Lobo ex rel.
LORD CORPORATION,
Requester/Appellant,
v.
United States Patent 6,399,670
(CONGOLEUM CORPORATION,
Patent Owner/Appellee).
HEARD: 9 January 2007
ENTERED: 30 March 2007
DECISION – Bd. R. 77(b)
Before TORCZON, LANE, and TIERNEY, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
INTRODUCTION
The invention disclosed in Congoleum Corporation's 6,399,670 patent is
broadly directed to abrasion-resistant, textured coatings. The claims are broadly
directed to a pre-cured coating mixture comprising a radiation-curable resin, an
initiator, and a rheological control agent. The various claims add additional
limitations or further limit the mixture or the rheological control agent.
Lord Corporation requested reexamination of all seventeen claims in
Congoleum's patent as having been anticipated or obvious in view of prior art. The
examiner granted the request for inter partes reexamination, but promptly declined
to enter any rejection. An inter partes reexamination requester may appeal under
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