Ex Parte Rogers - Page 10

                Appeal 2007-0514                                                                             
                Application 10/394,641                                                                       
                mat described by Seaux in order to allow the mat to withstand greater                        
                compressive forces (top plate) and to provide enhanced tensility (bottom                     
                plate) as taught by Reese, Jr. (Answer, p. 6, para. 1).  Appellant does not                  
                contest the obviousness of affixing top and lower surface plates to the mat of               
                claim 1 in view of the disclosure of Reese, Jr.  Appellant simply reiterates its             
                arguments regarding the asserted deficiencies of Seaux vis-à-vis claim 1.                    
                Therefore, we reiterate our reasons as to why these arguments are                            
                unpersuasive vis-à-vis claim 1.  Accordingly, since Apellant has not                         
                provided separate patentability arguments in regard to claim 4, we affirm the                
                decision of the Examiner to reject claim 4 under § 103(a) as obvious over                    
                Seaux in view of Reese, Jr.                                                                  
                V. CONCLUSION                                                                                
                      In conclusion, the decision of the Examiner (a) to reject claims 1 and                 
                3 under 35 U.S.C. § 102(e) as anticipated by Seaux is affirmed, (b) to reject                
                claim 2 under 35 U.S.C. § 102(e) as anticipated by Seaux is reversed, (c) to                 
                reject claim 4 under 35 U.S.C. § 103(a) as obvious over Seaux in view of                     
                Reese, Jr. is affirmed and (d) to reject claim 14 under 35 U.S.C. § 103(a) as                
                obvious over Seaux in view of Reese, Jr. is reversed.                                        













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