Appeal 2007-1124
Application 10/349,639
edges. When installed, the surface covering has the appearance of individual
tiles, each having grout lines on all edges. Specification [0001].
Independent claims 24 and 34 are reproduced below:
24. A surface covering, comprising:
a resilient tile having an even number of edges wherein one-half
of said even number of edges have been routed, mechanically embossed to
impart a texture thereon, and covered with a coating or an ink, and the other
one-half of said even number of edges have not been routed;
wherein each of said routed edges is adjacent to at least one
other routed edge.
34. A resilient tile having an even number of edges and comprised of
a resilient composite substrate having a first upper surface, a printed film
layer or an inlaid layer having a second upper surface, said printed film layer
or inlaid layer overlaying and adhered to said first upper surface, and an
optional top coat layer overlaying and adhered to said second upper surface,
one half of the even number of edges having a reduced thickness and a third
upper surface thereon, said third upper surface being approximately parallel
to said first and second upper surfaces and having a mechanically embossed
texture, said one half of the even number of edges being adjacent to one
another, the other half of the even number of edges optionally being beveled
edges.
The Examiner relies on the following prior art references to show
unpatentability:
Hodakowski US 4,212,899 Jul. 15, 1980
Smith US 4,678,528 Jul. 7, 1987
Ehrhart US 5,362,560 Nov. 8, 1994
The Examiner made the following rejections:
1. Claims 34 and 36-38 under 35 U.S.C. § 102(b) as anticipated by
Smith;
2
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