Appeal No. 1997-3119
Application No. 08/216,221
nonwoven substrate having an array of hydroentangled fibers,
as distinguished from the Rusincovitch teaching (column 9,
lines 8 through 30) of achieving porosity by the inclusion of
a low boiling point additive which outgasses from a plastisol
to leave holes therein.
While the Rusincovitch patent teaches moisture
permeability up to about 20 perms, and a plastisol coating
weight of about 6 ounces per square yard, it cannot fairly be
said that this reference teaching, assessed as a whole, would
have been suggestive of a wall covering comprising a plastisol
composition with an average weight from about 1.5 ounces per
square yard to about 5.0 ounces per square yard fused to and
supported by a nonwoven substrate having an array of
hydrotangled fibers, wherein the wall covering has a moisture
permeability of from about 25 perms to about 50 perms. For
these reasons, the rejections based upon the Rusincovitch
patent cannot be sustained.
In summary, this panel of the board has:
reversed the rejection of claims 1 and 3 through 6 under
35 U.S.C. § 103 as being unpatentable over either Silverstein,
Bodrogi, or Rusincovitch; and
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