Appeal No. 2004-2244
Application No. 10/208,906
42. A sheathing adapted to be fastened to at least
one wall supporting structure, comprising at least two
layers:
(a) a first layer comprising a polymeric foam layer;
and
(b) a second layer comprising a woven polymeric
scrim, said second layer being located adjacent to and
capable of contacting said first layer, said second layer
having means for reinforcing its periphery so as to inhibit
failure of the scrim.
The references set forth below are relied upon by the
examiner as evidence of obviousness:
Holtrop et al. (Holtrop) 4,621,013 Nov. 4, 1986
Van Auken et al. (Van Auken) 5,251,415 Oct. 12, 1993
All of the appealed claims are rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Holtrop in view of Van Auken.
According to the examiner, Holtrop discloses all aspects of the
appealed claim 42 invention except for a reinforcing means at the
scrim periphery, and Van Auken discloses a polymeric scrim mesh
having reinforcing means in the form of a selvedge tuck around
the periphery. Based on these disclosures, the examiner
concludes that “[i]t would have been obvious to a person of
ordinary skill in the art at the time the invention was made to
modify the scrim cloth of Holtrop so as to employ a selvedged
periphery as taught by Van Auken because this arrangement would
provide Holtrop’s scrim with reinforced edging (see col. 3,
2
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