Ex Parte Tornero - Page 2


               Appeal 2007-1486                                                                             
               Application 10/339,003                                                                       
               drawn to a non-elected invention.  We have jurisdiction under 35 U.S.C.                      
               § 6(b) (2002).                                                                               
               I. Statement of the case                                                                     
                      The invention on appeal is directed to a seating composite for                        
               covering the seat and back portions of a seat frame, e.g., a chair frame                     
               (Specification, 1).  The seating composite comprises a film layer, e.g., of                  
               urethane, vinyl of a urethane/vinyl blend, and an elastomeric net material,                  
               e.g., a polyester elastic material, coupled with the film layer (id., 2 and 5).              
               The film layer may be cast directly onto the elastomeric net material or a                   
               film layer/adhesive layer/elastomeric net material layer laminate may be                     
               formed (id., 3).                                                                             
                      Claim 1 is illustrative and reads as follows:                                         
                            1. A seating composition comprising:                                            
                            a film layer; and                                                               
                            an elastomeric net material coupled with the film                               
                            layer.                                                                          
                      The Examiner rejected claims 1-10 under 35 U.S.C. § 103(a).                           
                      The following prior art2 was relied upon by the Examiner:                             
                      Smith   US 4,400,422  Aug. 23, 1983                                                   
                      Bafford  US 4,746,565  May 24, 1988                                                   
                      Isoda   US 5,639,543  Jun. 17, 1997                                                   
                      Smith, Bafford and Isoda qualify as prior art under 35 U.S.C.                         
               § 102(b).                                                                                    

                                                                                                           
               2 The reader should know that no references to et al. are made in this                       
               opinion.                                                                                     

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