Appeal No. 1997-3119
Application No. 08/216,221
overcome a mildew problem. Plastisol is applied to a nonwoven
substrate. For embossed wall covering Sample A (column 11,
lines 56 through 62), the nonwoven substrate is identified as
Dexter 10108T. As one having ordinary skill would have4
readily understood from Rusincovitch (Table I and column 12,
lines 19 through 28), the elimination of embossing from sample
A (average perm value of 17.3 including a 19.5 and a 17.4)
would yield perm values that are even higher.5
Notwithstanding the above, we conclude that the
particular wall covering of appellant’s claims 1 and 8 would
not have been suggested by the Rusincovitch disclosure.
It is important to recognize that appellant achieves
porosity by the interface between a particularly specified
average coating weight of a plastisol composition and a
4Rusincovitch does not describe Dexter 10108T as a
nonwoven substrate having hydroentangled fibers. In the
present specification (page 7), appellant broadly makes
reference to well known hydroentangled fabrics commercially
available from C.H. Dexter Corp. In the reply brief (page 3),
appellant asserts that none of the references would have
motivated one to select a nonwoven substrate having
hydroentangled fibers.
5We note that, as indicated by appellant (specification,
page 2) those practicing this art were aware of very high
values of about 72 perms for wall coverings.
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