Appeal No. 2001-2451
Application 09/157,705
Fracalossi for the polyurethane foam of Lappala. Furthermore,
the examiner has not presented any evidence or reasoning that the
bonded polyurethane of Fracalossi, useful for cushioning or
seating structures, would be acceptable or desirable in the uses
of Lappala, i.e., that bonded polyurethane would have the desired
properties such as flexibility to be useful as a convertible top,
insulating material, soundproofing material, or construction
material as taught by Lappala.
For the foregoing reasons, we determine that the examiner
has not established a prima facie case of obviousness in view of
the reference evidence. Accordingly, we cannot sustain the
rejection of claim 2 under section 103(a) over Lappala in view of
Fracalossi.
D. The Rejection of claims 10-12 under 35 U.S.C. § 103(a)
The examiner finds that Wiegand teaches a mattress and
furniture pad comprising an inner foam core, with stiffening
layers of a polyethylene or polypropylene netting attached to
both the first and second surfaces of the inner foam core, and an
outer layer of a cushioning material such as a foam may be bonded
to the upper surface of the foam core (Answer, pages 5-6). The
examiner further finds that Wiegand does not teach using
polyurethane as the inner foam core but applies Fracalossi for
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