Appeal No. 2005-0146
Application No. 10/274,635
gypsum-core construction material, the gypsum core is covered on
both sides with synthetic polymeric fibrous sheets comprising at
least 50 wt.% of fibers selected from the group consisting of
polyester, nylon, polyurethane, and co-polyether-ester (id.).
Appellants state that claims 21, 25, 26 and 28 stand or fall
together while all other claims may be considered separately
(Brief, page 2). To the extent appellants present arguments to
individual claims, these claims are considered separately. See
37 CFR § 1.192(c)(7)(2003); In re McDaniel, 293 F.3d 1379, 1383,
63 USPQ2d 1462, 1465 (Fed. Cir. 2002). Representative independent
claim 28 is reproduced below:
28. A gypsum-core construction material resistant to fungal
growth, wherein the gypsum core is covered on both sides with
synthetic polymeric fibrous sheets comprising at least 50 wt.% of
fibers selected from the group consisting of polyester, nylon,
polyurethane and co-polyether-ester.
The examiner relies upon the following references as evidence
of unpatentability:
Long 4,094,694 June 13, 1978
Miller 5,350,554 Sep. 27, 1994
Englert 5,817,262 Oct. 06, 1998
Claims 21, 25 and 28 stand rejected under 35 U.S.C. § 102(b)
as anticipated by Miller (Answer, page 3). Claims 22-24 and 29-31
stand rejected under 35 U.S.C. § 103(a) as unpatentable over Miller
2
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