Ex Parte MAY - Page 3



          Appeal No. 2006-1309                                                        
          Application No. 09/166,625                                                  

               (d) claims 9 and 17 over the stated combination of                     
          references further in view of Wilson and Mobley.                            
               Appellant submits at page 3 of the principal brief that                
          claims 1 and 9 stand or fall together, as do claims 10 and 17.              
               We have thoroughly reviewed each of appellant’s 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              
          of § 103 in view of the applied prior art.  Accordingly, we will            
          sustain the examiner’s rejections for essentially those reasons             
          expressed in the Answer, and we add the following primarily for             
          emphasis.                                                                   
               Garland, like appellant, discloses a drop cloth comprising             
          a first layer of non-woven fabric material and a second layer               
          having a liquid impervious plastic material.  Garland does not              
          disclose that his drop cloth includes natural fibers or rayon in            
          the non-woven fabric; Garland uses spun bonded polypropylene.               
          However, as pointed out by the examiner, Garland, as well as                
          Reaves and Trosper, evidences that it was known in the art to               
          employ natural fibers, such as cotton, in the absorbent layer of            
          a drop cloth.  Also, appellant’s specification discloses that               
          “drop cloths have been made from sheets of cotton, cotton                   
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