Ex Parte Schweitzer et al - Page 2

                 Appeal 2007-3794                                                                                                          
                 Application 10/850,517                                                                                                    
                 § 103(a).  Claims 11-14, the only other claims pending in this application,                                               
                 stand withdrawn from consideration.  We have jurisdiction under 35 U.S.C.                                                 
                 § 6(b).  We AFFIRM.                                                                                                       
                        The claimed subject matter relates to a foam board with a silane                                                   
                 treated facer paper.  Claims 1 and 10 are illustrative of the subject matter on                                           
                 appeal.                                                                                                                   
                               1.     A foam board comprising a rigid foam                                                                 
                               having two major faces and a cellulosic facing                                                              
                               material having been treated with a silane.                                                                 
                               10. The foam board of claim 1, wherein the                                                                  
                               silane comprises methyldichlorosilane,                                                                      
                               trimethylchlorosilane, dimethyldichlorosilane,                                                              
                               methyltrichlorosilane, or a mixture thereof.                                                                
                        The Examiner has relied on the following references2 as evidence of                                                
                 unpatentability:                                                                                                          
                        Terae                US 4,465,849                      Aug.  14, 1984                                             
                        Bondoc               US 4,543,158                      Sept.  24, 1985                                            
                        Gill                 US 4,681,798                      July   21, 1987                                            
                        Geary                US 2003/0082365 A1                 May   01, 2003                                             
                        Terae, Bondoc, Gill, and Geary qualify as prior art under 35 U.S.C.                                                
                 § 102(b).  The Examiner has rejected claims 1-4 and 6-10 under 35 U.S.C.                                                  
                 § 103(a) as obvious over Geary in view of Gill as evidenced by Terae; and,                                                
                 claims 1-10 under 35 U.S.C. § 103(a) as obvious over Bondoc in view of                                                    
                 Gill as evidenced by Terae. 3                                                                                             

                                                                                                                                           
                 2 No references to et al. are made in this Decision.                                                                      
                 3 The Examiner has withdrawn the final rejections of claims 1-4 and 6-10                                                  
                 under 35 U.S.C. § 103(a) as obvious over Geary (US 2003/0082365) and                                                      
                 Bieri (US 3,389,042) and of claims 1-10 under 35 U.S.C. § 103(a) as                                                       

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