Ex Parte Worth - Page 10




                Appeal No. 2004-0749                                                                              Page 10                     
                Application No. 09/891,746                                                                                                    


                the resultant layout.  The elements 14 frequently are also provided with printed                                              
                identifications, and are placed on the storage members in a visual orientation such that                                      
                the printing can easily be read.                                                                                              


                         Claims 11, 19 and 27 are not anticipated by Barlett for the reasons set forth by                                     
                the appellant in the brief (pp. 3-4).  Specifically, Barlett's planning elements 14 are not                                   
                (1) simulated elements having a show surface including a surface design pattern                                               
                comprising a reduced reproduction of a surface design pattern of at least one                                                 
                prospective floor covering element as set forth in claim 11; (2) simulated tile elements                                      
                comprising printed reduced dimension reproductions of the prospective floor covering                                          
                tile elements, wherein said simulated tile elements further include a show surface                                            
                including a surface design pattern comprising a substantially complete reduced                                                
                reproduction of a surface design pattern of at least one prospective floor covering tile                                      
                element as set forth in claim 19; and (3) simulated tile elements having a show surface                                       
                including a surface design pattern corresponding to a surface design pattern of a                                             
                prospective floor covering tile element as recited in claim 27.  In that regard, we note                                      
                that Barlett teaches the manipulation of simulated furniture elements, not the                                                
                manipulation of simulated floor covering tile elements as set forth in the claims under                                       
                appeal.                                                                                                                       









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