Ex parte Karrfalt

Board of Patent Appeals and Interferences

Mar 31, 1998

08070638 (B.P.A.I. Mar. 31, 1998)

Application for patent filed June 1, 1993. According to1
appellant, this application is a continuation of Application
07/837,308, filed February 18, 1992, now abandoned.
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THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte H. ALAN KARRFALT
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Appeal No. 95-0931
Application No. 08/070,6381
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HEARD: March 4, 1998
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Before KIMLIN, GARRIS and WALTZ, Administrative Patent Judges.
KIMLIN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 2-4, 7,
8 and 13, all the claims remaining in the present application.
Claim 13 is illustrative:
13. A multicomponent sealing tape for sealing linear seams
between adjacent elastomeric substrates, comprising:
Appeal No. 95-0931
Application No. 08/070,638
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a linear center strip interposed between and connected along
its sides with a pair of laterally spaced linear side strips,
said center strip being at least 10 percent larger in thickness
than each of said side strips;
said center strip consisting essentially of a compounded
butyl rubber adhesive sealant which is non-crosslinked, whereby
said center strip exhibits good dimensional stability at room
temperature and whereupon application of said sealing tape to a
seam, under heat, pressure or both heat and pressure, said center
strip flows freely into and seals said seam;
said side strips consisting essentially of a compounded
elastomeric rubber composition which is at least partially
crosslinked, whereby said side strips exhibit resilience and
dimensional stability at both room temperature conditions and
upon application of heat, pressure or both heat and pressure;
and wherein said tape is preassembled, whereby said side
strips are adhered to said center strip prior to application of
said tape to said seam.
The examiner relies upon the following references as
evidence of obviousness:
Van Ornum et al. (Van Ornum) 4,113,799 Sept. 12, 1978
Sheahan 5,093,171 Mar. 3, 1992
(filed Mar. 6, 1989)
Appellant's claimed invention is directed to a multi-
component sealing tape that is used for sealing lapped or butted
seams between adjacent elastomeric substrates, such as roofing
membranes. The tape comprises a linear center strip consisting
essentially of non-crosslinked butyl rubber adhesive sealant that
is interposed between laterally spaced side strips consisting
essentially of partially crosslinked elastomeric rubber. Upon
Appeal No. 95-0931
Application No. 08/070,638
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application of heat the center strip flows and fills voids to
provide sealing water-tight integrity to the seam.
Appealed claims 2-4, 7, 8 and 13 stand rejected under
35 U.S.C. § 103 as being unpatentable over Sheahan in view of
Van Ornum.
Upon careful consideration of the opposing arguments
presented on appeal, we concur with appellant that the prior art
applied by the examiner fails to establish a prima facie case of
obviousness for the claimed subject matter. Accordingly, we will
not sustain the examiner's rejection.
The fatal deficiency in the applied prior art is that
Sheahan, the primary reference, in addition to requiring
modification to meet the claimed non-crosslinked center strip and
side strips of elastomeric rubber, fails to disclose or suggest a
sealing tape, a basic requirement of the claimed subject matter.
The product of Sheahan is a unitary covering for roofs, pipes and
the like that is monolithic in nature. The product of Sheahan is
simply not a sealing tape, and no modification of the specifics
of Sheahan's article will make it one. Also, while the examiner
dismisses the preambular language "for sealing linear seams
between adjacent elastomeric substrates," said language sets
forth a certain function of the claimed sealing tape that the
product of Sheahan does not appear to be capable of performing.
Appeal No. 95-0931
Application No. 08/070,638
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The disclosure of Van Ornum does not remedy the basic deficiency
of Sheahan as evidence of obviousness for the claimed sealing
tape.
Based on the foregoing, the examiner's decision rejecting
the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
)
BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
Appeal No. 95-0931
Application No. 08/070,638
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Frank J. Troy, Jr., Esq.
Bridgestone/Firestone, Inc.
Patent Dept.
1200 Firestone Parkway
Akron, OH 44317