Appeal No. 1999-2633
Application 08/680,325
DISCUSSION
I. Preliminary matter
On August 24, 2001, this Board issued an order (Paper No.
14) remanding the application to the examiner to deal with
certain procedural matters. The examiner responded via a
memorandum to the Board dated September 24, 2001. As the record
does not show that the memorandum was ever mailed to the
appellant, a copy thereof is appended to this decision.
II. The 35 U.S.C. § 102(b) rejection of claims 5 and 6 as being
anticipated by Ebert
Ebert discloses a web of soft plastic foam material having a
closed cell structure for “diverse applications in the automotive
field, in the field of insulation, in the manufacture of toys,
camping equipment, sport articles, packing material, seat
coverings, apparel and orthopedic products, advertising and
display articles and in the building construction industry”
(column 1, lines 17 through 22). In general, the web includes
parallel upper and lower surfaces and canals (preferably circular
or polygonal holes) which penetrate the web, open to at least one
of the upper and lower surfaces, and selectively receive various
Fujimoto, and in the alternative under 35 U.S.C. § 103(a) as
being obvious over Fujimoto. Upon consideration of the arguments
advanced in the main brief, the examiner has withdrawn these
rejections (see pages 2, 6 and 7 in the answer).
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