Ex Parte Messina et al - Page 5



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

         Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991);           
         In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).            
              Appellants point out that the purpose of De Winter’s                  
         application of polyurethane is “to apply different colored                 
         materials to a substrate aesthetically, not how to apply sound             
         attenuating/absorbing material for acoustic purposes” (page 14             
         of Brief, first paragraph).  Appellants submit, therefore, that            
         modifying De Winter would likely destroy its intended purpose              
         “since areas where sound attenuating/absorbing material may be             
         required on a substrate may not necessarily be at locations                
         where an aesthetically pleasing parting line can be achieved”              
         (id.).  However, we find sound reasoning in the examiner’s                 
         response that combining the teachings of De Winter and Leenslag            
         would not destroy the purpose of De Winter “but would instead              
         enhance it because it would allow the material of De Winter to             
         be both visually pleasing and sound absorbing” (page 5 of                  
         Answer, second paragraph).  Moreover, we have no doubt that the            
         collective teachings of De Winter and Leenslag would have made             
         it obvious to apply polyurethane in selected areas of an                   
         automobile for either sound attenuation or aesthetics, or both,            
         as desired/required.                                                       


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