Appeal No. 2004-1810
Application No. 10/155,392
wetting and adhesion characteristics thereof with respect
to the cementitious matrix material. Appellant states that
Newman does not teach this aspect of the claimed invention.
The examiner recognizes this deficiency in Newman. The
examiner relies upon Kennedy for teaching the addition of
surfactants to a binder comprising a latex to assist the
latex in wetting and penetrating the mat of fibers, and the
examiner refers to column 9, lines 57-61 of Kennedy.
Answer, pages 3-4.
Beginning on page 8 of the brief, appellant argues
that the product in Kennedy is a fire resistant mat that is
used as a backing material for building products.
Appellant argues this is in stark contrast with the subject
matter of claim 7, wherein a composite fabric is embedded
within a cementitious matrix material (rather than a
backing material).
Appellant also argues that Kennedy is silent with
regard to enhancing the wetting or adhesion characteristics
of the mat with respect to the materials of which the board
is made. Appellant argues that Kennedy makes no mention of
any need for or advantage in providing any wetting or
adhesion enhancement of the mat in relation to the building
panel material. Brief, page 11. Appellant argues that the
wetting agent used in Kennedy is provided for the purpose
of augmenting the fire resistance capability of the mat,
and has nothing to do with promoting retention of the mat,
either internally or externally, to a building panel.
Brief, page 10.
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