Appeal No. 95-3935 Application 08/162,995 the fiberglass having the Icote thereon to be rolled and folded without the Icote cracking or crumbling. Brouessard discloses a waterproofing or sealing surfacing for facades of buildings, comprised of a fibrous material having thereon resin droplets over which is applied a polyethylene sheet which protects against rain (col. 1, line 62 - col. 2, line 9). The surfacing composite then can be wound on itself (col. 3, lines 29-37). After the polyethylene sheet has been removed, a smooth finish is applied to the fibrous material having resin droplets thereon (col. 2, lines 40-43). The examiner argues that Webb discloses the same material for the same purpose as appellants’ composite, and that Webb’s material therefore inherently is flexible (answer, page 9). This argument is not well taken because Webb teaches that the Icote contains cement and water which are added at the time of mixing (col. 3, lines 10-20), and the teaching that the cement is not added until the time of mixing indicates that the cement would cause premature hardening of the composition if it were added earlier. Thus, the reference indicates that the Icote coating is a hardened coating rather than being a flexible coating as required by appellants’ claim 1. The examiner argues that almost anything will flex if enough pressure is applied (answer, page 8). This argument is unpersuasive because it does not address the requirement in appellants’ broadest claim that the binder is sufficiently flexible to allow 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007