Appeal 2007-1365
Reexamination Control 90/006,595
Patent 6,289,548
ii) The Rejection of Claims 1-3, 5-10, 12-17, 19 and 20 over
Wakat, U.S. Patent 5,713,095 in view of the Australian
application
The Examiner found that the Australian application describes forming
a patterned sponge. (Ans. at 4). The Examiner further found that Wakat
discloses a patterned roller that may be made of foam absorbent material and
that Wakat describes the use of irregular patterns on the surface of the roller.
(Id.). The Examiner still further found that Wakat teaches that rollers can be
made to paint corners (“corner rollers”). The Examiner concluded that one
of ordinary skill in the art would have adapted the device of Wakat to paint
corners with a sponge painting pattern. (Id.).
Patentee contends that Wakat “is not related to making a synthetic
sponge mimic a natural sponge . . .” (Br. at 12). Patentee asserts that Wakat
fails to show or render obvious its claimed invention. Patentee also asserts
that the Australian application fails to remedy the deficiencies of Wakat.
(Id.).
Wakat describes adding nap portions to the face of a paint roller
where the added nap portion is up to .5 inches in height. (Wakat at col. 9, ll.
16-23). These additional nap portions are used to create irregular shape
patterns. (Id. at Fig. 24-37). Further, Wakat states that its bifurcated paint
roller “provides a quick and easy method of achieving an effect identical to
sponge or rag painting.” (Id., Abstract). One of ordinary skill in the art
would understand that Wakat teaches the use of artificial sponges, foam
paint rollers, to achieve a painting effect identical to that of natural sea
sponges.
The Australian application describes the use of tools for producing
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