Appeal 2006-3021
Application 09/782,337
2).1 We have jurisdiction pursuant to 35 U.S.C. § 134 since the claims on
appeal have been twice rejected. See Ex parte Lemoine, 46 USPQ2d 1420,
1423 (Bd. Pat. App. & Int. 1998).
According to Appellants, the invention is directed to a composite
flooring material consisting essentially of a polyolefin foam sheet, a first
polyolefin film heat-laminated to a first surface of the foam sheet, and a
second polyolefin film heat-laminated to a second surface of the foam sheet,
with at least one edge of the second film extending beyond a corresponding
edge of the foam sheet (Br. 2). Claim 1 is illustrative of the invention and is
reproduced below:
1. A composite flooring material consisting essentially of:
a. a polyolefin foam sheet;
b. a first polyolefin film heat-laminated to a first surface of the foam
sheet; and
c. a second polyolefin film heat-laminated to a second surface of the
foam sheet, wherein at least one edge of the second film extends beyond
a corresponding edge of the foam sheet.
The Examiner has relied on the following references as evidence of
obviousness:
Akao US 4,469,741 Sep. 04, 1984
Foster US 5,968,630 Oct. 19, 1999
1 We refer to and cite from the “Appellant’s [sic] Amended Brief” dated Jan.
10, 2006.
2
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