Ex parte NAKADA et al. - Page 2




          Appeal No. 1999-0384                                                        
          Application No. 08/597,837                                                  


          (b) providing a thermosetting coloring layer on the first                   
               side of the wood material layer, the thermosetting                     
               coloring layer having a coloring layer formed by applying              
               a colored thermosetting resin; and                                     
          (c) providing a surface layer on the thermosetting coloring                 
               layer by hot-pressing a thermoplastic resin sheet on the               
               thermosetting coloring layer.                                          
               In the rejection of the appealed claims, the examiner                  
          relies upon the following reference:                                        
          Takeatsu et al. (Japanese '239)       63-162239      July 5, 1988           
          (Japanese Patent Application)                                               
               Appellants' claimed invention is directed to a process                 
          for making a decorated article wherein a thermoplastic resin                
          sheet is hot-pressed on a thermosetting coloring layer which,               
          in turn, is provided on the surface of a wood base material.                
              Claims 1-11 stand rejected under 35 U.S.C. § 102(b) as                 
          being anticipated by or, in the alternative, under 35 U.S.C.                
          § 103 as being obvious over Japanese '239.                                  
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we will not sustain the examiner's                     
          rejection.                                                                  
               In essence, the examiner has not established a prima                   
          facie case of anticipation or obviousness with respect to the               
          presently claimed provision of a thermosetting coloring layer               


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