Appeal 2007-1490
Application 10/707,484
1 applying vacuum to at least one of said top and bottom layers at
2 predetermined locations so as to form at least one cavity between said top
3 and bottom layers.
4 11. A headliner for a vehicle made by the method of claim 1, said top
5 and bottom layers including a plurality of surface contours, and said top and
6 bottom layers substantially joined together and including at least one area
7 there between defining said at least one cavity.
8 3. Claim 12 is as follows:
9 A headliner for a vehicle, said headliner comprising:
10 at least one top layer including a plurality of surface contours;
11 at least one bottom layer including a plurality of surface contours; and
12 said top and bottom layers being substantially joined together to form
13 an integral headliner including at least one area between inner
14 surfaces of said top and bottom layers defining a cavity, therein said
15 top layer is independent from said bottom layer prior to being joined
16 to said bottom layer.
17 4. The Examiner found that Carroll describes a top layer and a bottom
18 layer, which together define a cavity as recited in claim 11 and 12, along
19 with the various features recited in those claims that depend either directly
20 or indirectly from claim 12 (Final Rejection 3-4 and Answer 3-4).
21 5. For dependent claim 11, the Examiner concluded that it is a
22 product by process claim, the patentability of which does not depend on the
23 method of production, citing In re Thorpe, 777 F.2d 695, 698 (Fed. Cir.
24 1985) (Final Rejection 4 and Answer 4 and 7).
4
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