Ex Parte Markusch et al - Page 3



          Appeal No. 2005-1611                                                        
          Application No. 09/808,812                                                  

          unpatentable over Adam in view of Payne, and claim 9 is                     
          correspondingly rejected over these references and further in               
          view of Lou.                                                                
               We refer to the brief and reply brief and to the answer (as            
          well as to the February 24, 2003 Office action referred to on               
          page 4 of the answer) for a thorough exposition of the viewpoints           
          expressed by the appellants and by the examiner concerning these            
          rejections.                                                                 
                                       OPINION                                        
               We cannot sustain any of these rejections.                             
               Gasper discloses a curable orthopedic support material                 
          comprising a flexible sheet material impregnated with a liquid              
          resin system1 which cures upon exposure to a curing agent into a            
          resilient, semi-rigid support device.  Because patentee’s cured             
          support device comprises multiple layers of sheet material having           
          both rigid and flexible characteristics, the examiner considers             
          this prior art device or composite to satisfy the claim                     
          1 requirement wherein “a dimensionally stable geotextile is                 
          bonded to a pliable geotextile.”                                            

               1Sinclair and Kausch are relied upon by the examiner as                
          evidence that Gasper’s liquid resin system satisfies the                    
          requirements of appealed claim 1.                                           
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