Appeal No. 1998-1002
Application No. 08/390,175
Indeed, the only reference relied upon by the examiner
directed to cross-linkable elastomeric patterned floor
coverings is Heckel.
Heckel is directed to patterned floor coverings from a
preform of rubber wherein the rubber is mixed with
contrastingly colored zones. See Abstract. The zones in the
floor covering are formed by mixing a rubber mixture of one
color with contrastingly colored particles of another color.
See column 1, lines 55-61. We find that Heckel states that
“[t]he rubber mixture and the particles used in the mixing
step of the invention are dyed differently to have contrasting
colors. The rubber material forming the particles is in, at
least, an advanced state of vulcanization compared to the
rubber mixture. The particles thereby are inhibited during
vulcanization of the blank from softening with the rubber
mixture, which precludes mutual mixing of the dyes contained
in the particles and in the rubber.” See column 2, lines 32-
40. Based upon the above statement, it is evident that the
particle sections differ in color from that of the base
sheeting. Furthermore, when different color particles are
utilized, the color of each necessarily remains different from
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