Appeal No. 2004-1649
Application 09/864,770
c) coating the surface to be decorated with a solvent;
d) wetting the decal to remove the water permeable transfer paper and release layer;
e) contacting the third layer of inorganic metallic color oxides and oil medium with the
solvent on the surface to be decorated;
f) pressing the decal to the shape of the surface;
g) allowing the solvent, cover coat, and oil medium to react to form an adhesive to
adhere an inorganic metallic colored oxide image to a rock or other solid, grainy, textured
surface.
The appealed claims, as represented by claim 8, are drawn to a method for decorating a
geological formation, concrete structure, or other grainy or textured solid, non-flexible surface
with a specified four layer decal, wherein the surface is coated with a solvent and the decal, with
the first and second layers removed to expose the inorganic metallic color oxides suspended in
oil medium layer, is contacted with the surface so that the solvent, cover coat, and oil medium
react to form an adhesive to adhere an inorganic metallic colored oxide image to the surface.
The references relied on by the examiner are:
Muzik 4,197,151 Apr. 8, 1980
Blanco 5,229,201 Jul. 20, 1993
The examiner has rejected appealed claims 2 through 8 under 35 U.S.C. § 103(a) as being
unpatentable over Blanco in view of Muzik.
Appellant states that the appealed claims “stand or fall together” (brief, page 3). Thus,
we decide this appeal based on appealed claim 8. 37 CFR § 1.192(c)(7) (2003).
We affirm.
Rather than reiterate the respective positions advanced by the examiner and appellant, we
refer to the examiner’s answer and to appellant’s brief for a complete exposition thereof.
Opinion
We have carefully reviewed the record on this appeal and based thereon find ourselves in
agreement with the supported position advanced by the examiner (answer, pages 3-5) that, prima
facie, the claimed method encompassed by appealed claim 8 would have been obvious over the
combined teachings of Blanco and Muzik to one of ordinary skill in this art at the time the
claimed invention was made.
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