Ex parte MILLER et al. - Page 7




          Appeal No. 1996-3768                                       Page 7           
          Application No. 08/292,887                                                  


          materials.  Our position is further supported by the disclosure             
          in the specification at page 6, lines 13 - 23 which lists the               
          more preferred substrates as including the cellulose based                  
          substrates; particle board, fiberboard and plywood, which are               
          similar to FormicaŽ in that they are all cellulose derived                  
          materials. Based upon the above considerations, we conclude                 
          that the reference to Formica COLORCORE  fails to discloseŽ                                    
          coating materials having expansion properties on the order of               
          300% different from the substrate material.                                 
          Furthermore, the primary reference LP3-1991 refers to,                      
          “problems which arise after fabrication and installation due to             
          differentials in expansion and contraction between the laminate             
          and substrate.”  See page 45.  However, there is no requirement             
          or recognition that the coating material and the substrate have             
          the requisite expansion properties required by the claimed                  
          subject matter.  Accordingly, we conclude that there is no                  
          reason why one of ordinary skill in the art would have been                 
          motivated to select either the coating or the substrate to                  
          obtain materials which have expansion properties differing on               
          the order of 300%.                                                          









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