Appeal No. 2005-1953 Page 14
Application No. 09/765,533
not apparent how the areas created by the intersection of the longitudinal and
transverse lines described in Dionne does not create multiple segments of equal area
parallel to the longitudinal axis and/or the transverse axis. The rejection of these
claims is affirmed.
The subject matter of claims 10 and 17 further defines the mat as having a
rectangular configuration. Appellant argues that figure 8 discloses an octagonal mat
having 8 sides. (Brief, pp. 40-41). This argument is not persuasive. As acknowledged
by Appellant (Brief, p. 28), Dionne discloses that the shape of figure 8 is rectangular.
(See col. 5).
The subject matter of claims 8, 9, 15, 16 and 22 further defines the step indicia
pattern on the upper surface of the mat. Appellant’s arguments regarding the subject
matter of these claims are not persuasive. It is not apparent how the areas created by
the intersection of the longitudinal and transverse lines described in Dionne does not
create step indicia within each quadrant. In fact, the indicia described by claim 9
appear to be the same as the indicia described by Dionne. The rejection of these
claims is affirmed.
The subject matter of claims 3, 5 and 19 requires a line extending from the
o
intersection of the longitudinal and transverse axises at 45 angle. This line is not
disclosed by Dionne and the Examiner has not provided motivation for adding such a
line to the pattern on the mat of Dionne. The rejection of these claims is reversed.
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