Ex Parte Smith et al - Page 2

                Appeal 2007-2771                                                                              
                Application 10/418,661                                                                        

                                        STATEMENT OF THE CASE                                                 

                      The subject matter on appeal is directed to a roofing method and                        
                system involving the use of a flexible mat as an underlayment for a single-                   
                ply roofing membrane (Specification 1).  Further details of the appealed                      
                subject matter are recited in representative claims 19, 22, 23, 25, 26, and 27                
                reproduced below:                                                                             

                             19.  A method of protecting a waterproof roofing membrane                        
                component comprising selecting a flexible mat component comprising                            
                synthetic material that is compatible with the waterproof roofing membrane                    
                component and unrolling the flexible mat between the waterproof roofing                       
                membrane and a roof deck, wherein the waterproof roofing membrane is a                        
                single ply membrane, and wherein the mat is non-perforated.                                   


                             22.  A roofing method comprising unrolling a flexible mat                        
                component onto a roof deck and installing a waterproof membrane                               
                component over the flexible mat, wherein the waterproof roofing membrane                      
                is a single ply membrane, and wherein the mat separates the roof deck and                     
                the single ply membrane such that the roof deck does not contact the single                   
                ply membrane.                                                                                 


                             23.  A roofing system comprising:                                                
                             (a)  a single ply waterproof roofing membrane component                          
                selected from the group consisting of synthetic rubber, polyvinyl chloride,                   
                and chlorinated polyethylene; and                                                             
                             (b)  a flexible underlayment mat component for unrolling                         
                between a roof deck and the waterproof membrane, wherein the flexible mat                     
                (i) comprises synthetic material compatible with the waterproof membrane                      
                such that the membrane is not damaged by contact with the flexible mat, (ii)                  

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