Appeal No. 96-3822
Application 08/143,384
The subject matter of the appealed claims relates to a
surface covering composite comprising a substrate and a non-
particulate inorganic wear layer. Claim 1 is illustrative of
the appealed claims and reads as follows:
1. A surface covering composite comprising a substrate and
a non-particulate inorganic wear layer, the wear layer being
deposited on the substrate by a reduced pressure environment
technique and then the composite being embossed, the deposited
and embossed wear layer having a plurality of cracks on the
exposed surface, a majority of the cracks forming a non-random
pattern.
Appellants indicate on page 4 of their brief that the claims
stand or fall together. Accordingly, we will limit our
consideration to claim 1 in considering the rejection of the
appealed claims. 37 CFR § 1.192(c).
The references relied on by the examiner are:
Lewicke, Jr. (Lewicke) 3,953,639 April 27, 1976
Hensel et al. (Hensel) 5,077,112 Dec. 31, 1991
Hensel et al. (Hensel) 5,188,876 Feb. 23, 1993
Appellants’ admissions, Section 18 of the Ross declaration.
2
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