The opinion in support of the decision being entered
today was not written for publication and is not binding
precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte HAO A. CHEN
and RICHARD JUDD
______________
Appeal No. 2005-2175
Application 10/104,383
_______________
ON BRIEF
_______________
Before WARREN, JEFFREY T. SMITH and PAWLIKOWSKI, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner at least twice
rejecting claims 35 and 47 through 69 (see answer, pages 2-3). Claim 36 is also of record and
have been withdrawn from consideration by the examiner under 37 CFR § 1.142(b).
Claims 35, 67 and 68 illustrate appellants’ invention of a thermoplastic flooring plank,
and are representative of the claims on appeal:
35. A thermoplastic flooring plank comprising:
a core comprising at least one thermoplastic material, wherein said core has a top surface,
a bottom surface, and opposing sides;
a thermoplastic layer located on said top surface of said core wherein said layer
comprises at least one thermoplastic material with at least one pigmented compound, with the
proviso that no backing layer is present on the bottom surface of said core.
67. A thermoplastic flooring plank comprising:
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