Appeal No. 2004-2377 Application No. 09/201,353 i) a layer of building sheathing: ii) a barrier layer of water resistant adhesive which substantially completely covers and adheres to said building sheathing; and iii) a layer of thermal insulation adhered to said building sheathing by said water-resistant adhesive, wherein said barrier layer of water-resistant adhesive further comprises a water- based, water-resistant, non-cementitious adhesive having sufficient tack to rapidly secure said layer of thermal insulation to said building sheathing. THE PRIOR ART The references relied on by the examiner to support the final rejection are: Moore et al. (Moore) 3,672,951 Jun. 27, 1972 Edgar et al. (Edgar) 5,410,852 May 02, 1995 The description of “generally available” adhesives in the paragraph bridging pages 4 and 5 of the appellants’ specification (the admitted prior art) THE REJECTIONS Claims 1, 3 through 7 and 10 through 15 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Moore in view of the admitted prior art. Claims 1 and 3 through 15 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Edgar in view of the admitted prior art. Attention is directed to the main and reply briefs (Paper Nos. 32 and 34) and the answer (Paper No. 33) for the respective 2Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007