Appeal 2007-1486 Application 10/339,003 drawn to a non-elected invention. We have jurisdiction under 35 U.S.C. § 6(b) (2002). I. Statement of the case The invention on appeal is directed to a seating composite for covering the seat and back portions of a seat frame, e.g., a chair frame (Specification, 1). The seating composite comprises a film layer, e.g., of urethane, vinyl of a urethane/vinyl blend, and an elastomeric net material, e.g., a polyester elastic material, coupled with the film layer (id., 2 and 5). The film layer may be cast directly onto the elastomeric net material or a film layer/adhesive layer/elastomeric net material layer laminate may be formed (id., 3). Claim 1 is illustrative and reads as follows: 1. A seating composition comprising: a film layer; and an elastomeric net material coupled with the film layer. The Examiner rejected claims 1-10 under 35 U.S.C. § 103(a). The following prior art2 was relied upon by the Examiner: Smith US 4,400,422 Aug. 23, 1983 Bafford US 4,746,565 May 24, 1988 Isoda US 5,639,543 Jun. 17, 1997 Smith, Bafford and Isoda qualify as prior art under 35 U.S.C. § 102(b). 2 The reader should know that no references to et al. are made in this opinion. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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