Appeal 2007-4310
Application 10/950,830
major surface 18, leaving at least portions of the scrim material . . . covered
with a sufficiently thin layer of foam that the texture of the scrim material is
clearly visible." (FF 4; Specification at 3, ¶ 14.) The disclosure also
indicates that in certain embodiments, "[t]he weave of the scrim is preferably
spaced apart so that when the scrim is impregnated with the foamable resin
composition, the composition penetrates into the weave and only partially
fills the spaces between the warp and the weft strands." (FF 7;
830 Application at 3, ¶ 17.) These two passages are consistent with the
further limitation in claims 1 and 19 that "at least a portion of the scrim
fibers is visible on the second major surface."
In contrast, the disclosure appears to describe another embodiment in
which "the foamed resin . . . partially covers a second major surface 18,
leaving at least portions of the scrim material exposed." (FF 4; Specification
at 3, ¶ 14.) The disclosure appears to describe this embodiment further,
teaching that "[p]ortions 24 of the warp and weft strands 26, 28 on the
decorative side 18 are free of the foam." (FF 5; 830 Application at 4, ¶ 17.)
These descriptions are consistent with the limitation in claim 18 that the
resin provides "discontinuous coverage of the scrim fibers on the second
major surface," not merely the scrim as a whole.
With these interpretations in mind, we have no trouble determining
that, while the Examiner has identified passages in Mangum that fairly
describes textures in which the fibers of the scrim are visible, but covered by
foamed resin, the Examiner has not indicated that Mangum describes non-
slip pads in which scrim fibers are visually free of foamed resin. Nor has the
Examiner directed our attention to any disclosure in Mangum of a process of
making the non-slip pads that would necessarily result in such exposed
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