Appeal No. 2004-1263
Application No. 09/683,029
The examiner relies upon Fernandes for teaching the
use of a base with openings for the installation of tiled
coverings upon an underlying substrate. See column 4, lines 65
through 68. The base comprises openings 3 as depicted, for
example, in Figure 1 of Fernandes. The shape of the base and
the distance between the front and back surfaces of the base may
vary to cooperate with the shape, texture and weight of the
tiled covering to be supported by the base as well as the
material and contour of the underlying substrate. See column 5,
lines 36 through 42 of Fernandes.
Appellant’s primary argument is that there is no
motivation to substitute the base of Fernandes for the insert 12
of Powers. Appellant argues that the only motivation is found
in appellant’s disclosure. Brief, pages 6-8.
We refer to the examiner’s comments beginning on
page 5 of the answer. Here, the examiner explains that Powers
discloses placing tiles 34 on the three-sided frame insert 12.
The examiner states that Fernandes is relied upon for teaching
how a plastic supporting frame could be provided with a
plurality of openings to receive cementitious material for
permitting quick attachment of tiles on the building surface.
The examiner discusses how Powers, in column 3 at lines 48
through 49, teaches that the outer periphery of the inclined
insert 12 is tiled with tile sections 34. See Figure 4, for
example. Answer, page 5.
As discussed above, Fernandes does teach that the
shape of the base can vary to cooperate with the shape, texture
and weight of the tiled covering to be supported by the base as
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