Ex Parte GILLINGHAM et al - Page 2



               Appeal 2007-1490                                                                       
               Application 10/707,484                                                                 
           1        The prior art relied upon by the Examiner in rejecting the claims on              
           2   appeal is:                                                                             
           3        Wandyez   US 6,086,145  Jul. 11, 2000                                             
           4        Carroll   US 2002/0017805 A1 Feb. 14, 2002                                        
           5                                                                                          
           6        Claims 12 and 14-21 stand rejected under 35 U.S.C. § 102(b) as being              
           7   anticipated by Carroll (Final Rejection 3 and Answer 3).                               
           8        Claims 12 and 14-21 stand rejected under 35 U.S.C. § 102(b) as being              
           9   anticipated by Wandyez (Final Rejection 3 and Answer 3).                               
          10        Claim 11 stands rejected under 35 U.S.C. § 102(b) as being                        
          11   anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as obvious             
          12   over Carroll (Final Rejection 4 and Answer 4).                                         
          13        Claim 11 stands rejected under 35 U.S.C. § 102(b) as being                        
          14   anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as obvious             
          15   over Wandyez (Final Rejection 4 and Answer 5).                                         
          16                                 BACKGROUND                                               
          17        The invention relates to a headliner structure for use in the interior            
          18   roof of a vehicle.  The headliner has at least one top layer with surface              
          19   contours and at least one bottom layer with surface contours defining a                
          20   cavity in between.                                                                     
          21        B.  Issue                                                                         
          22        The issue is whether Applicants have shown that the Examiner has                  
          23   failed to sufficiently demonstrate that there is a legal basis for rejecting           
          24   claims 11, 12, and 14-21 over Carroll.                                                 
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