Ex Parte Abell et al - Page 1




                         The opinion in support of the decision being entered today was not written           
                                for publication and is not binding precedent of the Board.                    

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                 __________                                                   
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                 __________                                                   
                                       Ex parte W. ROBERT ABELL III,                                          
                                          E. DAVID SANTOLERI, and                                             
                                           JEFFREY S. ARMOUR                                                  
                                                 __________                                                   
                                            Appeal No. 2006-2539                                              
                                          Application No. 10/421,661                                          
                                                 __________                                                   
                                                 ON BRIEF                                                     
                                                 __________                                                   
            Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                                 
            GRIMES, Administrative Patent Judge.                                                              

                                           DECISION ON APPEAL                                                 
                   This appeal involves claims to a method of making a layered polymer product.               
            The examiner has rejected the claims as anticipated by or obvious in view of the prior            
            art.  We have jurisdiction under 35 U.S.C. § 134.  We reverse all of the rejections.              
                                                 Background                                                   
                   “A layer of synthetic rubber or some other elastomeric material . . . is sometimes         
            bonded to one or more exterior surfaces of articles formed of rigid thermoplastic                 
            polymers. . . .  The surface layer of rubber provides a soft, durable texture to the article and  
            the rigid thermoplastic polymer provides structural strength to the article.”  Specification,     







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