Appeal 2007-1382
Application 10/334,871
According to Appellants, the invention is directed to a vapor retardant
hybrid polyolefinic multi-laminate roof underlayment (Br. 5). Further
details of the invention may be gleaned from illustrative independent claim 1
as reproduced below:
1. A vapor retardant underlayment for use in roofing applications
comprising:
a laminate having at least three layers,
an upper layer of extruded film, the film being made of a material
selected from the groups consisting of: high density polyethylene film and
low density polyethylene film,
a middle layer of lightweight scrim,
a bottom layer of spun bonded polypropylene fabric,
the middle layer being attached to said upper layer by a first adhesive
layer, and the middle layer and the bottom layer being connected by a
second adhesive layer.
The Examiner has relied upon the following references as evidence of
obviousness:
Wiercinski US 5,687,517 Nov. 18, 1997
Ahluwalia US 5,965,257 Oct. 12, 1999
Huffines US 2002/0106959 A1 Aug. 8, 2002
Hubbard US 2003/0219564 A1 Nov. 27, 2003
Jones US 2004/0016502 A1 Jan. 29, 2004
ISSUES ON APPEAL
Claims 1-4, 6, 7, and 9 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Jones in view of Wiercinski (Answer 3).
2
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