Ex Parte Davis et al - Page 3




          Appeal No. 2002-0693                                                        
          Application No. 09/073,686                                                  

                                    The References                                    
               In rejecting the claims under 35 U.S.C. § 103(a), the                  
          examiner relies upon the following references:                              
          Valaitis et el. (Valaitis)    5,260,111           Nov.  9, 1993             
          Davis et al. (Davis)          5,468,550           Nov. 21, 1995             
                                     The Rejection                                    
               Claims 1-7, 9-12, 14-16, 18-21, 23 and 24 stand rejected               
          under 35 U.S.C. § 103(a) as being unpatentable over Valaitis and            
          Davis.                                                                      
                                     The Invention                                    
               The present invention on appeal relates to a fire-retardant            
          roofing sheeting membrane for sloped roofs having an incline of at          
          least one inch per linear foot (so-called “high slope roofs”).              
          The membrane is calenderable from a composition as claimed in               
          claim 1, and has various properties also recited in claim 1.                
                                      Discussion                                      
               The examiner has found that the sole difference between the            
          roofing composition of Davis and the instant claims is the absence          
          of a halohydrocarbon/antimony trioxide flameproofing additive               
          package.  The examiner has further found that the only reasons for          
          the exclusion of this compound were cost and environmental                  
          considerations.  Finally, the examiner has found that Valaitis              
          teaches it is highly conventional to incorporate flame retardants           

                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007