Appeal No. 1997-2275
Application No. 08/390,281
applying a running track to a substrate which comprises
introducing into a nozzle a first stream comprising a rubber
particulate material and separately introducing into the
nozzle a second stream comprising a binder for the particulate
material and causing the binder to encapsulate the particulate
material and form a first combined stream in the nozzle and
dispensing this combined stream from the nozzle onto the
substrate to form a first surface layer of the running track.
Further details of this appealed subject matter are set forth
in representative independent claim 1, a copy of which taken
from the appellant’s brief is appended to this decision.
The references relied upon by the examiner as evidence of
obviousness are:
Fritz 2,025,974 Dec. 31, 1935
Coke et al. (Coke) 4,420,513 Dec. 13, 1983
Sorathia et al. 5,320,870 Jun. 14, 1994
(Sorathia) (filed Aug. 28, 1991)
All of the claims on appeal are rejected under 35 U.S.C.
§ 103 as being unpatentable over Coke in view of Sorathia and
Fritz.
We refer to the brief and reply brief and to the answer
for a thorough discussion of the opposing viewpoints expressed
by the appellant and the examiner concerning the above noted
2
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