Ex Parte HUBBARD et al - Page 2




              Appeal No. 2002-2123                                                                Page 2                
              Application No. 09/197,140`                                                                               


                                                   BACKGROUND                                                           
                     The appellants' invention relates to a method and apparatus for continuously                       
              seaming cured stock wide panels of EPDM membrane to form a composite EPDM                                 
              roofing membrane of predetermined width and indefinite length (specification, p. 1).  A                   
              copy of the claims under appeal is set forth in the appendix to the appellants' brief.                    


                     The prior art of record relied upon by the examiner in rejecting the appealed                      
              claims is:                                                                                                
              Cardinal, Jr.                      4,050,972                          Sept. 27, 1977                      
              Hollis                             4,343,667                          Aug. 10, 1982                       
              McCarville et al.                  4,931,126                          June 5, 1990                        
              (McCarville)                                                                                              
              Davis et al.                       5,545,685                          Aug. 13, 1996                       
              The examiner also relied upon the appellants' admission of prior art (specification, page                 
              1, lines 14 to 30) relating to applying sheets of cured EPDM membrane on a flat roof                      
              (Admitted Prior Art).                                                                                     

                     Claims 9 to 11, 13, 14 and 16 to 30 stand rejected under 35 U.S.C. § 103 as                        
              being unpatentable over Hollis in view of McCarville, Davis, Cardinal and the Admitted                    
              Prior Art.                                                                                                


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejection, we make reference to the answer                       
              (Paper No. 17, mailed May 23, 2002) for the examiner's complete reasoning in support                      







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