Ex Parte WALTHER - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 15                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                                 Ex parte WERNER WALTHER                                                              
                                                         ______________                                                               
                                                      Appeal No. 2001-0856                                                            
                                                      Application 09/143,947                                                          
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before WARREN, KRATZ and MOORE, Administrative Patent Judges.                                                          
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 1 through 5 and 8 through 15.  Claim 1 is illustrative of the claims on appeal:                       
               1.  A process for finishing flexible or stretchable substrates comprising the steps of:                                
               a)  applying to the surface of said substrate an aqueous polymeric composition (C) comprising at                       
               least one polymeric binder (A) , optionally at least one foam stabilizer (B) and an amount of                          
               solvent blowing agent boiling in the range of from 40 to 60°C, effective to foam said                                  
               composition; and                                                                                                       
               b)  applying heat to the coated substrate to foam and cure said polymeric composition (C) to form                      
               a flexible foam coating fixed to the substrate surface.                                                                
                       The appealed claims, as represented by claim 1, are drawn to a process of forming a                            
               flexible foam coating fixed to a flexible or stretchable substrates comprising at least the steps of                   
               applying an aqueous polymeric composition comprising at least one polymeric binder and an                              

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