Ex Parte Messina et al - Page 2



         Appeal No. 2006-1098                                                       
         Application No. 09/990,115                                                 

              applying polyurethane on the substrate, wherein the                   
         polyurethane is applied substantially only in the identified               
         areas wherein enhanced sound attenuation characteristics are               
         required.                                                                  
              The examiner relies upon the following references as                  
         evidence of obviousness:                                                   
         De Winter 6,071,619   Jun. 6, 2000                                         
         Leenslag et al.   6,335,379 B1   Jan. 1, 2002                              
         (Leenslag)  (filed Nov. 23, 1998)                                          
              Appellants’ claimed invention is directed to a method of              
         forming a sound attenuating laminate for use in automobiles and            
         the like.  The method entails determining the acoustic                     
         properties of the article, such as the firewall or dashboard of            
         an automobile, in order to identify areas of the article where             
         sound attenuation is necessary.  A substrate is then formed in             
         the shape of the article and polyurethane is applied to the                
         substrate in the areas that were identified as needing enhanced            
         sound attenuation.                                                         
              Appealed claims 1-26 and 52-72 stand rejected under                   
         35 U.S.C. § 103(a) as being unpatentable over De Winter in view            
         of Leenslag.                                                               
              We have thoroughly reviewed each of appellants’ arguments             
         for patentability.  However, we are in complete agreement with             
         the examiner that the claimed subject matter would have been               
         obvious to one of ordinary skill in the art within the meaning             
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