Ex Parte 6254978 et al - Page 1



                             UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                             BOARD OF PATENT APPEALS AND INTERFERENCES                                                                
                                                    Appeal No. 2006-0791                                                              
                                          Reexamination Control No. 90/006,312                                                        
                                   Ex parte GORE ENTERPRISE HOLDINGS, INC.                                                            
                                                           (6,254,978),                                                               
                                                            Appellant.                                                                
                                                 ENTERED: 28 March 2007                                                               
                                                  DECISION – Bd. R. 52(a)                                                             

               Before TORCZON, LANE, and NAGUMO, Administrative Patent Judges.                                                        
               TORCZON, Administrative Patent Judge.                                                                                  
                                                       INTRODUCTION                                                                   
                       The patent owner (Gore) requests rehearing of the portion of the decision on                                   
               appeal that affirmed the rejection of claims 29-34 as unpatentable under 35 U.S.C.                                     
               § 103 in view of prior art, while reversing other rejections.  The request has been                                    
               granted to the extent that the contested portion of the decision has been                                              
               reconsidered, but the requested relief is DENIED.                                                                      
                                                    CONTESTED POINTS                                                                  
                       Gore identifies two points it believes were overlooked or misapprehended in                                    
               concluding the claims would have been obvious.  First, Gore contends that the                                          
               finding that fluorinated films would be strong was mistaken.  Second, Gore                                             
               contends that the Board overlooked evidence that ultra-high molecular weight                                           
               polyethylene (UHMWPE) has better mechanical properties than polytetrafluoro-                                           
               ethylene (PTFE).  The Board made neither mistake and so the opinion stands                                             
               without modification.  The following discussion explains why Gore is mistaken.                                         




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