Ex Parte Grace-Moore - Page 7

                Appeal No. 2007-0739                                                                            
                Application No. 11/043,655                                                                      

                2. Rejections over Sawka                                                                        
                       Claims 1-3 and 5-11 stand rejected under 35 U.S.C. § 102(b) as being                     
                anticipated by Sawka.                                                                           
                       As Appellant did not argue the claims separately (Br. 6)5, we focus                      
                our analysis on claim 1.  37 CFR § 41.37(c)(1)(vii) (2006).                                     
                       Due to its brevity, the rejection is set forth below.                                    
                             Sawka discloses a multilayer film comprising an                                    
                       adhesive (base layer) (24), a decorative layer (23) overlying the                        
                       base layer and a base layer (seal layer) (12) overlying the                              
                       decorative layer (column 8, lines 34-44 and Figure 1) where                              
                       color layers (20) and (22) are not used at all (column 7, lines                          
                       62-65).  The seal layer (12) is clear (column 5, lines 18-19) and                        
                       the decorative layer (23) comprises pigments and dyes (column                            
                       8, lines 5-14 and 34-37).  The base layer (24) may incorporate                           
                       pigments and is comprised of rubber, which is a non-                                     
                       electrically conductive material (column 8, lines 42-53).  Sawka                         
                       discloses common surfaces of the invention include floormats                             
                       (column 10, lines 47-56).                                                                
                Answer 4.                                                                                       
                       As noted above, claim 1 is drawn to a chairmat comprising: (1) a                         
                planar substrate layer having a first side which rests on the floor and a                       
                second side opposite from the first side; (2) a decorative substrate layer                      
                disposed directly on the first layer; and (3) a transparent seal layer disposed                 
                directly on the decorative material.                                                            
                                                                                                               
                5 The Brief refers to claims 1-3, 5, 8-10, and 12-14 (Br. 6).  But as the                       
                Action mailed January 27, 2006, also states that claims 1-3 and 5-11 stood                      
                rejected under 35 U.S.C. § 102(b) as being anticipated by Sawka, id. at 3, we                   
                will treat the rejection as applying to claims 1-3 and 5-11.  Similarly, we will                
                treat the rejection under 35 U.S.C. § 103(a) over Sawka as applying to                          
                claims 4 and 12-16.                                                                             
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