Ex parte MILLS et al. - Page 12




          Appeal No. 2000-2288                                                        
          Application No. 08/960,576                                                  


          having a mesh size of from 1.5 x 1.5 mm to 2.5 x 2.5 mm                     
          (within appellants' claimed ranges of 10-24 mesh, 10-20 mesh                
          and 12-16 mesh), and a spray applied airtight coating of an                 
          acrylic polymer or copolymer mortar composition covering the                
          screen/mesh.  In our opinion, it would have been obvious to                 
          one of ordinary skill in the art at the time of appellants'                 
          invention to have used a screen mesh in Bear having a mesh                  
          sized as taught in Smith so that the sprayed plastic foam                   
          mortar in Bear would readily adhere to the screen and be                    
          impregnated through the openings of the screen as desired in                
          Bear (col. 3, lines 33-47) when sprayed from only one side of               
          the screen panels as seen in Figures 2, 4 and 5 of Bear.  As                
          for the kit of claim 11, we are of the view that it would have              
          been obvious to one of ordinary skill in the art to assemble a              
          "kit" of components like that set forth in claim 11 on appeal               
          prior to entering the mine to construct a mine stopping of the              
          type suggested by the collective teachings of Bear and Smith.               
          As is clear from Bear (col. 7, lines 8-18), both prefabricated              
          screen panels and the containers of foam plastic mortar                     
          composition are portable components that can be assembled                   
          together in a "kit" and then transported into the mine.                     
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