Appeal No. 2004-2097
Application No. 09/501,013
subject matter are recited in representative claim 1, the sole
independent claim on appeal, reproduced below:
1. A sound and heat insulation material,
comprising:
a core layer including fibrous material and
having at least one outer surface, said fibrous
material being provided with a fire retardant
additive; and
a covering layer including a foamable material
covering said core layer at said at least one outer
surface, said foamable material being at least
difficult to ignite and foaming at a given temperature
to insulate said core layer from high temperature and
oxygen.
The examiner relies on the following prior art reference as
evidence of unpatentability:
Murch 3,934,066 Jan. 20, 1976
Claims 1 and 3 through 22 on appeal stand rejected under 35
U.S.C. § 102(b) as anticipated by Murch. (Answer at 3-7.)
Because the examiner has not adequately established a prima
facie case of anticipation against the appealed claims, we
reverse.
“To anticipate a claim, a prior art reference must disclose
every limitation of the claimed invention, either explicitly or
inherently.” In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d
1 The final rejection of claim 2 has been expressly
withdrawn. (Examiner’s answer mailed Aug. 27, 2003, paper 12,
p. 2.)
2
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