Appeal No. 2004-2377
Application No. 09/201,353
and 38 through 41) that the adhesive can be Sto BTS-NC, which is
a polymer modified Portland cement-based coating.
In applying Moore to reject independent claims 1 and 10 and
Edgar to reject independent claims 1 and 8 through 10 (see pages
4 through 6 in the answer), the examiner concedes that neither
reference responds to the limitations in these claims requiring
the adhesive layer to comprise a water-based, water-resistant,
non-cementitious adhesive having sufficient tack to rapidly
secure the layer of thermal insulation to the building sheathing.
To overcome these deficiencies, the examiner relies on the
appellants’ admission that “[s]uch adhesives are generally
available and the skilled person will know, or will readily be
able to determine, which of these will be most suited for use in
the present invention” (specification, page 5). According to the
examiner (see pages 4 through 6 in the answer), it would have
been an obvious matter of design choice in light of this
admission to enhance the water-resistance of the wall structures
respectively disclosed by Moore and Edgar by replacing the
adhesive 16 disclosed by Moore or the adhesive 27 disclosed by
Edgar with a water-based, water-resistant, non-cementitious
adhesive having sufficient tack to rapidly secure the layer of
thermal insulation to the building sheathing.
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