Appeal 2007-1365
Reexamination Control 90/006,595
Patent 6,289,548
3) Sea sponges are said to produce the “most pleasing specialty faux
finishes.” (Id. at col. 1, ll. 42-44).
4) Sea sponges are said to be scarce and expensive. (Id.).
5) Patentee alleges that it is able to simulate the desired affect of a
natural sea sponge with synthetic sponges having ragged, torn edges that are
at least about 0.5 inches in depth. (‘548, col. 2, ll. 40-45 and claim 1).
B. Prior Art
Australian Published Patent Application 1,405
6) The Australian application is directed to improvements in tools for
producing decorative finishes on painted walls. (Australian Application,
Title).
7) The Australian application states that pattern effects on fresh paint
cannot be produced using flat face sponge pads. (Id. at col. 1, ll. 15-16).
8) The Australian application teaches that natural and artificial sponges
can be used to create desired patterns. (Id. at col. 2, ll. 1-16).
9) According to the Australian application, “[a]ny desired pattern
character is formed on the face of the pad by removing portions of the face
or attaching pieces of like material to the face . . .” (Id. at col. 2, ll. 10-12).
5
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