Ex parte HUBBARD et al. - Page 2




                   Appeal No. 1999-0737                                                                                                                              
                   Application 08/655,176                                                                                                                            



                                                                 DECISION ON APPEAL                                                                                  

                             This is a decision on appeal from the examiner’s refusal to allow claims 1-6, 8-14, 16-21, 23-                                          
                   25 and 27-29 as amended subsequent to the final rejection in a document filed March 30, 1998 (Paper                                               
                   No. 10).  Claims 7, 15, 22 and 26, the only other claims remaining in the application, are objected to as                                         
                   being dependent upon a rejected base claim, but would be allowable if rewritten in independent form                                               
                   including all of the limitations of the base claim and any intervening claims.  Claim 30 has been canceled.                                       

                             Appellants’ invention is directed to a roofing membrane heat seal indicator which provides a                                            
                   positive, visually perceptible indication that a seam has been raised to a sufficiently high temperature to                                       
                   achieve a proper seal.  Independent claim 1 is representative of the subject matter on appeal and a                                               
                   copy of that claim, as reproduced from the Appendix to appellants’ brief, is attached to this decision.                                           


                             The prior art references of record relied upon by the examiner in rejecting the appealed claims                                         
                   are:                                                                                                                                              

                   Wahl et al. (Wahl)                                        3,002,385                    Oct.  3, 1961                                              
                   Spirg                                                     4,459,046                    July 10, 1984                                              
                   Takahara et al. (Takahara)                                4,601,588                    July 22, 1986                                              
                   Stamper et al.  (Stamper)                                 4,827,686                    May  9, 1989                                               

                   Appellants’ admitted prior art, found on page 1, lines 26-33 of the instant specification is also relied                                          
                   upon by the examiner.                                                                                                                             








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