Ex Parte Mengel et al - Page 9



                 Appeal No. 2006-0511                                                                                  Page 9                      
                 Application No. 10/258,312                                                                                                        
                 limitations of claims 5, 29 and 30, directed to repeated contacting                                                               
                 (claim 5) and backflash (claims 29 and 30), were well known in this                                                               
                 art (Answer, page 6).   Appellants merely argue that “Peterson et1                                                                                             
                 al. does not cure the deficiencies of Wang” (Brief, page 8).                                                                      
                 Accordingly, we adopt our remarks about Wang from above.  We also                                                                 
                 adopt the examiner’s findings of fact and conclusion of law                                                                       
                 regarding the combination of Wang and Peterson (Answer, pages 5-6),                                                               
                 and affirm the rejection of claims 5, 29 and 30 under section                                                                     
                 103(a) over Wang in view of Peterson.                                                                                             
                         C.  Summary                                                                                                               
                         The rejection of claims 1-4, 6-28, 31-32, 34, 36-38 and 40                                                                
                 under 35 U.S.C. § 102(b) over Wang is affirmed.  The rejection of                                                                 
                 claims 5, 29 and 30 under 35 U.S.C. § 103(a) over Wang in view of                                                                 
                 Peterson is also affirmed.                                                                                                        
                         The decision of the examiner is affirmed.                                                                                 






                         1We note that these limitations have also been disclosed by                                                               
                 Wang (col. 2, ll. 3-11, regarding forming a “floor”; col. 8, ll.                                                                  
                 3-8, regarding the “traditional backflashing” method; and col. 9,                                                                 
                 ll. 39-45, regarding the use of numerous “contacts” or passes to                                                                  
                 remove all of the uncured material).                                                                                              





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