Ex Parte 7029349 et alDownload PDFBoard of Patent Appeals and InterferencesApr 30, 200990008501 (B.P.A.I. Apr. 30, 2009) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________________ Ex parte PACIFIC LINK HOLDINGS, CORP.1 ____________________ Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B22 Technology Center 3900 ____________________ Decided:3 May 1, 2009 ____________________ Before CAROL A. SPIEGEL, DANIEL S. SONG and KEN B. BARRETT, Administrative Patent Judges. SONG, Administrative Patent Judge. DECISION ON APPEAL 1 Pacific Link Holdings, Corp. is the real party in interest (App. Br. 1). 2 Issued April 18, 2006 to Lin. 3 The two-month time period for filing an appeal or commencing a civil action, as recited in 37 CFR § 1.304, begins to run from the decided date shown on this page of the decision. The time period does not run from the Mail Date. Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 2 STATEMENT OF THE CASE The Appellant appeals under 35 U.S.C. §§ 134(b) and 306 (2002) from a Final Rejection of claims 1-8. The Appellant requests review of the Examiner’s rejections of claims 1-6 and 8 (App. Br. 6). However, the Appeal Brief also explicitly states that “Applicant is not requesting review of the rejections of claim 7” (App. Br. 6). Therefore, we consider claim 7 to be withdrawn for cancellation. We have jurisdiction under 35 U.S.C. §§ 134(b) and 306 (2002). This appeal is related to a co-pending appeal for Reexamination Control 90/008,500 (for US 7,160,164 to Lin issued from a continuation application of Ser. No. 10/606,433 which issued as the ‘349 patent). The Patentee claims a body board (a.k.a. “bodyboard”) used for recreational activities on snow or water having the various layers claimed. Representative independent claim 1 reads as follows (Claims App'x.; reference numerals as shown in figs. 1 and 2 added): 1. A body board, comprising: a foam core portion [18] having a top and bottom surface; a first binding layer [14] laminated on the outside of said top surface; a first graphics layer [12] laminated on the outside of said first binding layer [14]; a first clear protection layer [10] laminated on the outside of said first graphics layer [12]; a second binding layer [24] laminated on the outside of said bottom surface; a second graphics layer [22] laminated on the outside of said second binding layer [24]; and a second clear protection layer [20] laminated on the outside of said second graphics layer [22]. Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 3 Independent claim 8 recites the same limitations as claim 1 but the preamble and the transitional term recites “[a] body board, consisting of:” (Claims App'x.). The prior art relied upon by the Examiner in rejecting the claims is: Szabad, Jr. 4,850,913 Jul. 25, 1989 Schneider 5,211,593 May 18, 1993 Chang 5,503,921 Apr. 2, 1996 Bambara 5,882,776 Mar. 16, 1999 Deibel 6,358,599 B1 Mar. 19, 2002 Bai Taiwanese Patent 309741 Jul. 1, 1997 (citation to the translation of record) Kin Japanese Application 2000-117868 Apr. 25, 2000 (citation to the translation of record) The Examiner rejected claims 1-6 and 8 under 35 U.S.C. §103(a) as unpatentable over Schneider in view of Kin. The Examiner rejected claims 1-4 and 8 under 35 U.S.C. §103(a) as unpatentable over Bai in view of Kin. The Examiner rejected claims 1, 2 and 8 under 35 U.S.C. §103(a) as unpatentable over Chang in view of Deibel. The Examiner rejected claim 7 under 35 U.S.C. §103(a) as unpatentable over Schneider in view of Kin, and further in view of Szabad, Jr. The Examiner rejected claim 7 under 35 U.S.C. §103(a) as unpatentable over Schneider in view of Kin, and further in view of Bambara. We AFFIRM-IN-PART. Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 4 ISSUES The following issues have been raised in the present appeal. 1. Has the Appellant shown that the Examiner erred in finding that the combination of Schneider and Kin results in the recited binding layer? 2. Has the Appellant shown that the Examiner erred in finding that the combination of Bai and Kin results in a body board? 3. Has the Appellant shown that the Examiner erred in concluding that it would have been obvious to use an adhesive layer as taught in Deibel in the body board of Chang? FINDINGS OF FACT The record supports the following findings of fact (FF) by a preponderance of the evidence. 1. Schneider describes a bodyboard 10 including a foam plank 30 and a graphics-imprinted bottom skin 40 which covers a bottom planed surface 14 of the bodyboard 10 (col. 3, ll. 17-20, 35-37; figs. 1-4). 2. Schneider describes that the bottom skin 40 includes a plurality of film layers 42, 44 bonded adhesively together, graphics being imprinted on the first surface 46 of the outer layer 44 (col. 3, ll. 40-43, 50-52, 59-62; figs. 3 and 4). 3. Schneider describes that the film layers 42 and 44 are plastic polyethylene film sheets (col. 3, ll. 41-43, 50-52). 4. Schneider also teaches that the graphic-imprinted skin can be applied to the top riding surface of the bodyboard (col. 5, ll. 5-8). Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 5 5. Kin describes a decorative foam sheet for an interior building wall or a head lining which includes a foam layer 3 and a printing plastic film 6 formed on the foam layer 3, the printing plastic film 6 consisting of a plastic film 5 and a printing pattern 4 (Translation, ¶¶ [0001], [0002], [0009], fig. 1). 6. Kin also describes that the plastic film 5 is used because surface reinforcement (abrasion resistance, scratching reinforcement), resistance to contamination, and chemical resistance of the foam layer 3 are weak (Translation, ¶ [0017]). 7. Bai describes a foam structure having an ethylene-vinyl acetate (EVA) foam sheet 10, a hot melt glue 11 layer, a hot melt glue 23 layer, an ink pattern 22, a clear hot melt glue 21 layer, and a transparent thermoplastic film 20 (Translation, pgs. 5 and 6, 4th figure). 8. Chang describes a bodyboard 50 including a core 52, a top skin 56 secured to the top of the core 52, and a bottom skin 58 secured to the bottom of the core 52 (col. 4, ll. 41-54; fig 4). 9. The Specification of Chang states: In producing a skin characterizing this invention, matrix layer 12 of heat-expandable foam-producing polyolefin has deposited over its top surface, and prior to the application of any heat, a non-foamable polyolefin or polyethylene film . . . . . .The polyolefin film includes an upper film layer 20a, and a lower film layer 20b. . . . As earlier discussed, skins are producible following the invention which have graphic images clearly and attractively displayed on the skins. In Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 6 preparing a skin, the imaging material which results in these images is distributed in the interface between film layers 20a and 20b. (Col. 3, ll. 11-30). 10. The Specification of Chang also states: On leaving the oven, a product is formed which is illustrated at 40 in the drawing, and referred to herein as an expanded composite. The matrix layer in the product has foamed to produce a foam layer 41 having the porous internal appearance illustrated in FIG. 3. The film originally lying on the top of the matrix layer, under the oven temperature conditions, melts or softens with the residue of the film (42 in FIG. 3) migrating over the surface of the foam to become fully integrated with the foam product which is formed. (Col. 4, ll. 17-27). 11. Thus, Chang describes a composite 40 made of the foam layer 41 (i.e., expanded matrix layer 12) with a lower film layer 20b, the graphic imaging material layer 24 and the upper film layer 20a melted thereon. 12. The Specification of Chang also states: As contemplated by the invention, composite 40 is used to produce a skin in an article such as a bodyboard. . . . Bodyboard 50 includes a core 52 of stiff material. . . . Extending over the top surface of core 52 is a top skin shown at 56. This is suitably secured to the core, in a conventional manner, throughout the top face of the core. . . . The composite produced by the invention is utilized at least in the production of top skin 56. The composite is secured to core 52 with the top surface of the composite facing outwardly and bottom surface 41b of the composite facing the core and secured thereto. Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 7 (Col. 4, ll. 35-60). 13. Thus, the top skin 56 of Chang is made from the composite 40 and is secured to the core 52 of the bodyboard 50 with the bottom surface 41b of the composite 40 being secured to the core 52. 14. Chang does not describe the specific manner in which the top skin 56 is secured to the core 52 of the bodyboard 50, but merely states that the skin can be secured “in a conventional manner” (col. 4, ll. 48-49). 15. Deibel describes a foam laminate board 10 including a foam core 14 with a first facer 16 adhered or bonded to one primary surface of foam core 14 and a second facer 18 bonded to a second primary surface of foam core 14 (col. 4, ll. 4-7; fig. 2). 16. Deibel also teaches that the facer “may be laminated to the foam board by any conventional method known in the art” including using a heat activated adhesive layer, or an adhesive layer co-extruded with the facer (col. 6, ll. 20-29). PRINCIPLES OF LAW “Section 103 forbids issuance of a patent when ‘the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.’” KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 406 (2007). The question of obviousness is resolved on the basis of underlying factual determinations including (1) the scope and content of the prior art, (2) any differences between the claimed subject matter and the prior art, (3) Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 8 the level of skill in the art, and (4) where in evidence, so-called secondary considerations. Graham v. John Deere Co., 383 U.S. 1, 17-18 (1966). In KSR, the Supreme Court emphasized “the need for caution in granting a patent based on the combination of elements found in the prior art,” and reaffirmed principles based on its precedent that “[t]he combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.” KSR, 550 U.S. at 415, 416. The Court stated that “[o]ften, it will be necessary for a court to look to interrelated teachings of multiple patents; the effects of demands known to the design community or present in the marketplace; and the background knowledge possessed by a person having ordinary skill in the art, all in order to determine whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue.” Id. at 418. The Court noted that “[t]o facilitate review, this analysis should be made explicit.” Id. (citing In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006) (“[R]ejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness”)). However, “the analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.” Id. Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 9 CLAIM CONSTRUCTION The preambles of independent claims 1 and 8 both recite “[a] body board”. In claim construction, “[w]hether to treat a preamble as a limitation is a determination ‘resolved only on review of the entire[ ] ... patent to gain an understanding of what the inventors actually invented and intended to encompass by the claim.’” Catalina Marketing Int’l., Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 808 (Fed. Cir. 2002). “In general, a preamble limits the invention if it recites essential structure or steps, or if it is ‘necessary to give life, meaning, and vitality’ to the claim. Id. “Conversely, a preamble is not limiting ‘where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention.’” Id. Based on the review of the entire patent on appeal, we conclude that the recitation “body board” in the preamble of independent claims 1 and 8 gives life, meaning, and vitality to the claim, and thus, should be given patentable weight. In so doing, we observe that the preamble does not merely recite a laminated structure that is intended for use as a body board, but rather, limits the claimed invention to body board devices. In independent claim 1, the transitional term “comprising” is used which does not exclude additional, unrecited elements. See AFG Industries, Inc. v. Cardinal IG Company, Inc., 239 F.3d 1239, 1244-45 (Fed. Cir. 2001). However, in independent claim 8, the transitional term “consisting of” is used which excludes any elements not set forth in the claim. Id. at 1245. In setting forth the various layers, claims 1 and 8 recite a specific layer “laminated on the outside of” a previously recited surface or layer Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 10 (e.g., “a first binding layer laminated on the outside of said top surface”). During prosecution, claims are to be given their broadest reasonable construction in light of the specification as it would be interpreted by one of ordinary skill in the art. In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004). Thus, applying the broadest reasonable construction, the apparatus claims 1 and 8 are construed so that recitation “laminated” merely requires that the body board have the plurality of layers stacked together to result in a laminate structure. However, by reciting that specific layers are “outside of” a previously recited surface or layer, the claims require outward positioning of the recited layers relative to one another in the specific order recited in the claims. Moreover, with respect to claim 1 which uses the transitional term “comprising”, intervening layers between the recited layers are not precluded, although the specific order of the recited layers must be maintained. In contrast, with respect to claim 8, intervening layers are excluded by the virtue of the transitional term “consisting of” which excludes elements not set forth in the claim. ANALYSIS Prior to addressing the Examiner’s substantive prior art rejections of claims 1-6 and 8, we observe that dependent claim 7 stands rejected, but that the Appellant has specifically requested that we do not review the Examiner’s rejections of claim 7 (App. Br. 6). Therefore, we consider claim 7 to be withdrawn for cancellation. See ExParte Ghuman, 88 USPQ2d 1478, 1480 (BPAI 2008) (precedential) (“If upon filing an appeal brief, the Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 11 applicant limits the claims to be considered on appeal, then it is the practice of the Patent and Trademark Office to treat the claims not pursued in the appeal brief as having been withdrawn from the appeal.”). Rejection of claims 1-6 and 8 over Schneider and Kin The Examiner rejected claims 1-6 and 8 as unpatentable over Schneider in view of Kin. The Examiner asserts that Schneider describes each and every limitation of the rejected independent claims except for the recited first clear protection layer and the recited second clear protection layer (Ans. 4) (see also FF 1-4). The Examiner contends that Kin cures this deficiency (Ans. 8 and 9), and reasons that “[i]t would have been obvious to one of ordinary skill in the art to provide a graphics layer with a clear polyethylene coating as taught by Kin et al. on the board of Schneider et al. in order to provide a durable surface that prevents degradation of the graphics” (Ans. 5). The Appellant contends that because Kin is directed to a decorative foam sheet for use as a building material, Kin cannot be combined with Schneider which is directed to body boards (App. Br. 9). While Kin is not in the field of the Appellant’s endeavor, we agree with the Examiner (Ans. 9) that Kin is reasonably pertinent to the problem with which the Appellant was concerned, namely, providing laminated foam structures with graphics thereon. See In re Kahn, 441 F.3d 977, 986-87 (Fed. Cir. 2006) (a reference may be relied upon as a basis for rejecting a claim when the reference is in the field of the applicant's endeavor or is reasonably pertinent to the problem with which the inventor was concerned). Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 12 The Appellant also contends that the combination of Schneider and Kin still fails to yield all the limitations of independent claims 1 and 8 (App. Br. 8). In this regard, the Appellant argues that, in Kin, the graphics pattern 4 is printed on the film 5, whereas claims 1 and 8 recite that the protection layer is laminated to the outside of the graphics layer (App. Br. 8). However, this argument is misdirected as the Examiner is merely relying on Kin for teaching the use of a clear layer over a graphics layer (Ans. 8). The Appellant further disputes the Examiner’s assertion that the thin- film plastic sheet 44 in Schneider is a binding layer (App. Br. 8). The Appellant contends that sheet 44 is described as a polyethylene film sheet which cannot function as the binding layer and that Schneider does not describe a graphics layer laminated to a separate binding layer (App. Br. 8; FF 2). We agree. The plain language of the limitation requires the recited layer to be capable of performing a binding function. The Examiner is correct in noting that Schneider describes the sheet 44 being bonded to the outer sheet 42 (Ans. 8, citing Schneider, col. 4, ll. 5-19). However, such bonding is attained by an adhesive or glue, and not by the sheet 44. Schneider also does not appear to describe the use of an adhesive between the sheet 44 and the foam plank 30, but instead, melts the surface of the foam plank 30 in order to adhere the sheets 42, 44 thereon. Hence, in view of the Examiner’s application of Schneider and Kin, the resultant combination cannot be said to include the binding layer recited in independent claims 1 and 8. Therefore, the Appellant has shown that the Examiner erred in rejecting independent claims 1 and 8 as unpatentable over Schneider. Claims 2-6 ultimately depend from independent claim 1, and Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 13 thus, we conclude that the Examiner erred in rejecting these dependent claims as well. Rejection of claims 1-4 and 8 over Bai and Kin The Examiner rejected claims 1-4 and 8 as unpatentable over Bai in view of Kin discussed supra. The Examiner contends that Bai describes the limitations of the rejected independent claims except for the “second binding layer, the graphics layers, and the clear protective layers” (Ans. 5). The Examiner relies on Kin to cure these deficiencies stating that Kin describes “a graphics layer 4 topped by a clear layer 5 made of polyethylene film” and that it would have been obvious to “provide a graphics layer with a clear polyethylene coating as taught by Kin et al. on the foam of Bai in order to provide a durable surface that prevents degradation of the graphics” (Ans. 5 and 6). The Appellant argues that neither Bai nor Kin is directed to body boards and contends that the Examiner is engaging in impermissible hindsight (App. Br. 11). We agree with the Appellant. As construed supra, the preamble of independent claims 1 and 8 reciting a “body board” gives life, meaning, and vitality to the claim and should be given patentable weight. Catalina Marketing, 289 F.3d at 808. Thus, we disagree with the Examiner’s contention that combination of Bai and Kin “yields all of the claimed features” (Ans. 10) because the combination does not describe a body board. Rejection of claims 1, 2 and 8 over Chang and Deibel Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 14 The Examiner rejected claims 1, 2 and 8 as unpatentable over Chang in view of Deibel. The Examiner contends that Chang describes all of the limitations of independent claims except for the binding layers (Ans. 6). The Examiner relies on Deibel to cure this deficiency and contends that it would have been obvious to one of ordinary skill in the art to provide the binding layers of Deibel on the body board of Chang “to provide a strong and durable hold between the various layers to prevent the board from coming apart” (Ans. 6). The Appellant contends that “Chang does not disclose laminating a graphics layer on the outside of a binding layer, and then laminating a protection layer on the outside of the graphics layer” (App. Br. 12). The Appellant appears to be arguing that laminating is a method step. However, as construed supra, independent claims 1 and 8 (which are apparatus claims) can be satisfied by a laminate structure having the recited layers positioned relative to one another in the manner recited by the limitations of the independent claims. The Appellants also argue that “there is no discrete ‘protection’ layer in Chang because the layers 20a, 20b are melted and integrated with the surface of the foam core” (App. Br. 12). However, this argument is not persuasive because the claims do not recite a “discrete” clear protection layer. See In re Self, 671 F.2d 1344, 1348 (CCPA 1982). In addition, while Chang does describe that the layers 20a and 20b are melted on the surface of the foam layer 41 so as to migrate over, and become integrated with, the irregular top surface of the foam (col. 4, ll. 22-32), such melted material film Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 15 layers can still be said to be layers, and are separated by the graphic imaging material 24 layer therebetween. The Appellant further argues that Chang does not have a binding layer, and does not need a binding layer because the top skin 56 is made by a heating the films onto the surface of the foam layer 41 (App. Br. 13). However, the Appellant appears to misconstrue the disclosure of Chang in that the top skin 56 includes the foam layer 41, the foam layer 41 of the top skin 56 being adhered to the core 52 of the bodyboard 50. More specifically, the top skin 56 of Chang is made of a composite 40 (FF 12-13). The composite 40 includes the foam layer 41, as well as the film layers 20a, 20b and graphical imaging material 24 melted thereon (FF 9-11). Chang further describes that the top skin 56 extends over the surface of a core 52 and secured thereto “in a conventional manner, throughout the top face of the core” so that the bottom surface 41b of the composite faces the core and is secured thereto (FF 12). Hence, Chang specifically teaches a need to secure the top skin 56 to the core 52. However, Chang does not specifically describe how this is securement is attained (FF 14), much less describe heating it onto the core. The Examiner relies on Deibel for teaching that conventional methods for laminating layers include using an adhesive layer (Ans. 11) (see also FF 15-16). Moreover, the Examiner articulated a reason for using the teachings of Deibel to adhere the top skin to the core of Chang, namely, “in order to provide a strong and durable hold between the various layers to prevent the board from coming apart” (Ans. 6). We find the Examiner’s articulated reason is rational and sufficient to support the conclusion that it would have Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 16 been obvious to provide an adhesive layer described in Deibel in order to secure the top skin 56 and the core 52 of Chang together. The Appellant’s argument that Deibel should not be relied upon because it is directed to home boards (App. Br. 12) is not persuasive in that Deibel is reasonably pertinent to the problem with which the Appellant was concerned, namely, adhering laminated foam structures together. In re Kahn, 441 F.3d at 986-87. The Appellant further alleges that various problems arise if the adhesives described in Deibel are used with Chang’s layers, including potential damage to the film 20 and/or complication of Chang’s process (App. Br. 13). However, as noted by the Examiner, such arguments are speculative (Ans. 11), and also appear to be premised on the Appellant’s misunderstanding of Chang. We further note that the combination of Chang and Deibel as suggested by the Examiner results in intervening foam layer 41 and the lower film 20b between the graphic imaging material 24 and the core 52. However, as discussed supra, claim 1 uses the transitional term “comprising” and does not preclude such additional intervening layers. All that is required is that the relative order of the recited layers be maintained which is satisfied by the combination of Chang and Deibel. In contrast, as pointed out by the Appellant (App. Br. 14), independent claim 8 uses the transitional term “consisting of” which precludes additional layers. Thus, while the Examiner is correct in stating that “consisting of” language does not rule out obviousness rejections, we do not agree with the Examiner’s assertion that “the base references applied do Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 17 not have any additional structures that [sic, than] those claimed in the instant invention” (Ans. 12). Clearly, the combination of Chang and Deibel as suggested by the Examiner results in the additional intervening foam layer 41 and the lower film 20b between the graphic imaging material 24 and the core 52. Therefore, in view of the above, the Appellant has not shown that the Examiner erred in rejecting independent claim 1 as unpatentable over Chang and Deibel. The Appellant also does not present any persuasive arguments directed to claim 2 which depends from claim 1. Thus, claim 2 falls with claim 1. See 37 C.F.R. § 41.37(c)(1)(vii). However, the Appellant has shown that the Examiner erred in rejecting independent claim 8 as unpatentable over Chang and Deibel. Dependent Claims The Appellant states “[c]laims 2-7 depend from claim 1 and are submitted to be allowable for the same reasons.” (App. Br. 13). However, we consider claim 7 to be withdrawn for cancellation as discussed supra. Thus, the only rejection of any dependent claim remaining is the Examiner’s rejection of claim 2 based on the combination of Chang and Deibel. The Appellant does not present any additional arguments directed to the limitations of dependent claim 2, but merely relies on its dependency on claim 1 for patentability. Therefore, because the Appellant has not shown that the Examiner erred in rejecting claim 1 as unpatentable over Chang and Deibel as discussed supra, the Appellant has also failed to show that the Examiner erred in rejecting dependent claim 2 over Chang and Deibel. Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 18 CONCLUSIONS 1. The Appellant has shown that the Examiner erred in finding that the combination of Schneider and Kin results in the recited claimed binding layer. 2. The Appellant has shown that the Examiner erred in finding that the combination of Bai and Kin results in a body board. 3. The Appellant has not shown that the Examiner erred in concluding that it would have been obvious to use an adhesive layer as taught in Deibel in the body board of Chang. ORDER 1. The Examiner’s rejection of claims 1-6 and 8 over Schneider and Kin is REVERSED. 2. The Examiner’s rejection of claims 1-4 and 8 over Bai and Kin is REVERSED. 3. The Examiner’s rejection of claims 1 and 2 over Chang and Deibel is AFFIRMED. 4. The Examiner’s rejection of claim 8 over Chang and Deibel is REVERSED. Requests for extensions of time in this ex parte reexamination proceeding are governed by 37 C.F.R. § 1.550(c). See 37 C.F.R. § 41.50(f). AFFIRMED-IN-PART Appeal 2009-2602 Reexamination Control 90/008,501 Patent 7,029,349 B2 19 ack cc: Raymond Sun, Esq. Law Offices of Raymond Sun 12402 Woodhall Way Tustin, CA 92782 Third Party Requester: Clement Cheng Law Offices of Clement Cheng 17220 Newhope St. Suite 127 Fountain Valley, VA 92708 Copy with citationCopy as parenthetical citation