Ex Parte Randall et al - Page 3




         Appeal No. 2003-1885                                                       
         Application No. 09/837,226                                                 


              We reverse all of the rejections on appeal essentially for the        
         reasons stated in the Brief, Reply Brief, and those reasons set            
         forth below.                                                               
         OPINION                                                                    
              The examiner finds that Green discloses a fibrous mat faced           
         gypsum board coated with a water resistant coating, where the              
         fibrous mat may be glass fibers applied to one or both surfaces of         
         the gypsum core (Answer, page 3).  The examiner finds that Green           
         does not teach the water resistant coating as recited in the claims        
         on appeal (Answer, page 4).  However, the examiner applies Gay for         
         the teaching of a water resistant coating utilized to impregnate           
         fiber mat-faced gypsum boards, where the coating comprises a               
         polymer latex binder, a second binder, and a mineral pigment (id.,         
         citing the abstract of Gay).  The examiner further finds that the          
         coating of Gay is taught to be water resistant, dimensionally              
         stable, and economically practical, as well as useful as an                
         underlayment of facer material (id.).  From these findings, the            
         examiner concludes that it would have been obvious to one of               
         ordinary skill in the art “to utilize the water resistant coating          
         taught in Gay on the mat-faced gypsum board taught in Green because        
         said coating is water resistant, dimensionally stable, economical          


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