Ex Parte Messina et al - Page 6


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

              As for separately argued claim 14 which requires applying             
         the polyurethane into a recess of the substrate, we find no                
         error in the examiner’s finding that the figures of De Winter              
         illustrate forming the polyurethane in recessed areas.                     
              Concerning separately argued claim 15, appellants have not            
         refuted the examiner’s factual finding that “DeWinter teaches              
         forming molded articles which comprise plural layers of                    
         polyurethane and then adding additional skin layers and other              
         layers to form a finished article which can then be further                
         processed to form a finished articles [sic, article] such as a             
         dashboard. .  See the example at col. 5, lines 52 – col. 6, line           
         64” (page 6 of Answer, first paragraph).  Rather, appellants               
         reference Figure 5 of their specification to support their                 
         argument that the examiner’s claim interpretation is incorrect.            
         However, the examiner properly notes that “the claims are not              
         specific as to the particular item which is formed” (id.).  It             
         is by now axiomatic that features disclosed in the specifi-                
         cation, but not recited in the claims, are not to be read into             
         the claims.  In re Etter, 756 F.2d 852, 858, 225 USPQ 1, 5,                
         cert. denied, 474 U.S. 828 (1985).                                         
              As a final point, we note that appellants base no argument            
         upon objective evidence of nonobviousness, such as unexpected              
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