Ex Parte Hinds et al - Page 8


           Appeal No. 2005-1635                                                                      
           Application No. 09/782,036                                                                


                       This sheet product is prepared by, for example,                               
                 conducting powder coating of said composition onto the                              
                 release paper or the steel belt, providing the core                                 
                 layer 1 on said composition, then forming those into a                              
                 laminated sheet by heating at an increased pressure.                                
                Given the above teachings, we determine that one of                                 
           ordinary skill in the art would have been led to make the                                 
           laminated floor coverings taught by Takeuchi, i.e., a textile                             
           sheet coated on one or both sides with thermoplastic particles,                           
           using the conveyor belt method suggested by Brinkmann alone, or                           
           together with Weaver and/or Bradshaw, motivated by a reasonable                           
           expectation of successfully obtaining laminated floor coverings                           
           having the advantageous properties taught by Brinkmann at column                          
           2, lines 1-56 and Takeuchi at column 2, lines 43-47.2                                     
                 The appellants argue  (Brief, page 8) that:                                         
                       With respect to claim 32, the Examiner asserts                                
                 that “‘contacting' the second substrate with the first                              
                 coating would have been obvious in view of (a)                                      
                 Takeuchi et al[.]'s teaching to contact both sides of                               
                 a textile sheet with thermoplastic material[.]”  The                                
                 Examiner's reliance on Takeuchi is misplaced. That is,                              
                 although Takeuchi teaches a textile sheet having both                               
                 sides thereof coated with thermoplastic, it does not                                
                 provide any teaching or suggestion as to the order in                               
                 which that sheet is made. On the other hand, as set                                 
                 forth in claim 32, the second sheet is applied over a                               
                                                                                                    
           2  We determine that Schermutzki is redundant in that it also                             
           teaches applying thermoplastic powder on both sides of a textile                          
           sheet, such as a glass fiber mat, to form a laminated floor                               
           covering.                                                                                 
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