Ex parte RIDDER et al. - Page 3




                     Appeal No. 2000-1455                                                                                                                                              
                     Application 08/911,913                                                                                                                                            


                     (1) Claims 1 and 4, anticipated by Hausch, under 35 U.S.C.                                                                                                        
                     § 102(b).                                                                                                                                                         


                     (2) Claims 1, 2, 4, 19 and 20, unpatentable over Hausch, under                                                                                                    
                     35 U.S.C. § 103(a).                                                                                                                                               
                     The Hausch Reference                                                                                                                                              
                                The first portion of Hausch’s disclosure which is of                                                                                                   
                     particular relevance to this case is in the paragraph bridging                                                                                                    
                     pages 6 and 7, discussing the prior art.  According to the                                                                                                        
                     translation furnished by appellants with their brief , the                                                      3                                                 
                     pertinent portion (the first two sentences) of this paragraph                                                                                                     
                     reads4                                                                                                                                                            
                                           Elastic mats of the aforementioned type are known in                                                                                        
                                which a fabric or nonwoven is coated with foamed plastic                                                                                               
                                and a slip-proof surface structure is formed on the                                                                                                    
                                plastic layer.  Suction cups are then bonded onto the                                                                                                  
                                bottom of the plastic layer or attached in some other                                                                                                  

                                3 Erroneously described in footnote 2 of the brief as “a                                                                                               
                     translation of the paragraph spanning pages 5 & 6 of the                                                                                                          
                     Hauser {sic} reference.”                                                                                                                                          
                                4This translation differs from the enclosed USPTO                                                                                                      
                     translation in that in appellants’ version the German                                                                                                             
                     expression “ein Gewebe oder ein Flies” is translated as “a                                                                                                        
                     fabric or nonwoven,” while in the USPTO version it is                                                                                                             
                     translated as “a woven fabric or fleece” (see trans., p. 4).                                                                                                      
                     We will utilize appellants’ version here.                                                                                                                         
                                                                                          3                                                                                            





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