Page 2
Appeal No. 2004-1298
Application No. 09/875,074
a continuous, indeterminate-length, roll-form web of thermoplastic material
having a front face and rear face, said web capable of being rolled
lengthwise into a spiral roll during manufacture and unrolled
lengthwise in a substantially straight direction during installation;
a first set of hollow spacer elements integrally formed on said web and
projecting outwardly from said front face of said web, each spacer
element of said first set of spacer elements having an apex portion
such that a drainage path and air space is created extending
adjacent and along said front face; and
a second set of hollow spacer elements formed integrally on said web and
projecting outwardly from said rear face of said web in an opposite
direction relative to said first set of spacer elements, each spacer
element of said second set of spacer elements having an apex
portion such that a drainage path and air space is created
extending adjacent and along said rear face;
said first set of hollow spacer elements being offset from said second set
of hollow spacer elements.
THE PRIOR ART
The items relied on by the examiner to support the final rejection are:
Rothberg 5,383,314 Jan. 24, 1995
Coulton et al. 5,673,521 Oct. 7, 1997
(Coulton ‘521)
Brodeur et al. 5,688,073 Nov. 18, 1997
(Brodeur)
The subject matter discussed in the appellant’s specification at page 9,
lines 8 through 14, page 10, lines 19 through 22, and page 11 lines 1
through 3 and 17 through 21, exemplified in part by reference to U.S.
Patent No. 5,099,627 to Coulton et al. (Coulton ‘627), which the examiner
considers to be prior art (the admitted prior art).1
1 The appellant does not dispute the examiner’s assessment that all of this
subject matter constitutes prior art.
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