Appeal No. 2000-2288
Application No. 08/960,576
Claims 15 and 17 are rejected under 35 U.S.C. § 102(b) as
being anticipated by Smith. Smith discloses a mine stopping
comprising a screen/mesh (9) having a mesh size of from 1.5 x
1.5 mm to 2.5 x 2.5 mm (within appellants' claimed range of
10-24 mesh), and an airtight coating of an acrylic polymer or
copolymer mortar composition covering the screen/mesh. The
mesh size of Smith also falls within the smaller range (12-16
mesh) set forth in appellants' claim 17.
Claims 1 through 3, 7, 11 and 21 are rejected under
35 U.S.C. § 103 as being unpatentable over Bear in view of
Smith. Bear discloses a method of installing a mine stopping
wherein a screen mesh (46) is securely fixed in a mine opening
by fasteners (44) that engage structural supports mounted to
the roof, floor and side walls of the mine opening and wherein
a plastic foam mortar composition (48) is spray applied to the
screen mesh from one side thereof to form a coating on the
screen, and the spraying is continued until the stopping is
substantially airtight. Bear does not disclose a mesh size
for the screen panels (46) like that claimed by appellants.
Smith discloses a mine stopping comprising a screen/mesh (9)
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