Ex parte ROMERO - Page 6




          Appeal No. 1997-3784                                                        
          Application 08/495,297                                                      


          protrusions and peripheral lip portion comprise an integrally               
          molded construction of thermoplastic or thermosetting material              
          containing an intimate mixture of abrasive grit material.                   
               As conceded by the examiner (see page 10 in the main                   
          answer), Wiand ‘795 does not meet the limitations in                        
          independent claims 1 and 13 requiring the abrasive article to               
          be “coated” wherein a first adhesive layer is applied to the                
          raised portions and an abrasive material is deposited onto the              
          adhesive layer thereby coating the raised portions, with the                
          recessed areas between the raised portions remaining                        
          substantially free of the abrasive material.  Notwithstanding               
          the examiner’s position to the contrary, Wiand ‘795 also fails              
          to meet the limitations in claims 1 and 13 requiring the                    
          recessed areas to extend around the periphery of the                        
          substrate.  As clearly shown in Figures 1 and 4, Wiand’s                    
          peripheral lip portion 16, not the recessed areas between the               
          abrasive protrusions, extends around the periphery of the                   
          Wiand ‘795 substrate (sheet portion 12).  The examiner’s                    
          attempt to explain away this discrepancy by characterizing the              
          “periphery” of Wiand’s substrate as the “area between the                   
          outer most protrusions and the peripheral lip portion”                      

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