Appeal No. 2007-0196 13
Reexamination Control No. 95/000,009
Conclusion of obviousness
The defects of the proposed anticipation rejection appear to have infected the
obviousness analysis. If the claims are given their broadest reasonable scope and
the references, particularly Chen, are read for all they fairly teach and suggest,
Lord's proposed obviousness rejection makes sense on its face. Whether it will
continue to make sense after Congoleum presents its case we need not prejudge.
cc:
Alfred D. Lobo, LOBO & CO., LPA, of Cleveland, Ohio, for requester/appellant.
Francis E. Morris, MORGAN LEWIS, of New York City, New York, and David R.
Owens, Morgan Lewis, of Palo Alto, California, for patent owner/appellee.
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