Ex Parte Bright

Patent Trial and Appeal Board

Feb 22, 2013

11985180 (P.T.A.B. Feb. 22, 2013)

UNITED STATES PATENT AND TRADEMARKOFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/985,180 11/14/2007 Edward Albert Bright 7798 6195
7590 02/25/2013
JOHNS MANVILLE
Legal Department
10100 West Ute Avenue
Littleton, CO 80127
EXAMINER
MUSSER, BARBARA J
ART UNIT PAPER NUMBER
1746
MAIL DATE DELIVERY MODE
02/25/2013 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL
AND APPEAL BOARD
____________

Ex parte EDWARD ALBERT BRIGHT
____________

Appeal 2011-003969
Application 11/985,180
Technology Center 1700
____________

Before RICHARD E. SCHAFER, CHUNG K. PAK, and
BEVERLY A. FRANKLIN, Administrative Patent Judges.

FRANKLIN, Administrative Patent Judge.

DECISION ON APPEAL

Appellant appeals under 35 U.S.C. § 134 from the Examiner's
rejection of claims 1-17. We have jurisdiction under 35 U.S.C. § 6.

STATEMENT OF THE CASE
Claim 1 is representative of the subject matter on appeal and is set
forth below:
1. A method of installing pipe insulation comprising:

passing a length of pipe insulation over a length of pipe; the
Appeal 2011-003969
Application 11/985,180

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pipe insulation having a wall with an outer cylindrical surface
and an inner cylindrical surface for overlaying an outer surface
of the length of pipe; the wall having a length; the pipe
insulation further having a longitudinally extending slit
extending from the outer cylindrical surface to the inner
cylindrical surface of the wall and for the length of the wall; the
pipe insulation further having a jacket overlaying the outer
cylindrical surface of the wall; the jacket having a first lateral
edge portion; the jacket further having a second lateral edge
portion that forms a longitudinally extending flap for
overlapping the first lateral edge portion of the jacket;

mounting the length of pipe insulation on the length of
pipe;

overlapping the longitudinally extending flap over the
first lateral edge portion of the jacket;

sealing the pipe insulation by applying a continuous
adhesive to an exterior of the longitudinally extending flap and
an exterior area of the jacket adjacent the first lateral edge
portion.

The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Cohen US 4,595,615 Jun. 17, 1986
Grenier US 4,605,043 Aug. 12, 1986
Princell US 2007/0292647 A1 Dec. 20, 2007
Moore US 2008/0081138 A1 Apr. 3, 2008

THE REJECTIONS

1. Claims 1-10, 12, and 15 under 35 U.S.C. §102(b) as being anticipated
by Cohen.
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Application 11/985,180

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2. Claims 1-6, 8-10, and 15 under 35 U.S.C. §102(b) as being anticipated
by Grenier.

3. Claim 11 is rejected under 35 U.S.C. §103(a) as being unpatentable
over Grenier.

4. Claim 13 is rejected under 35 U.S.C. §103(a) as being unpatentable
over Grenier, taken further in view of Princell.

5. Claim 14 is rejected under 35 U.S.C. §103(a) as being unpatentable
over Cohen or Grenier.

ANALYSIS

As an initial matter, Appellant has not presented separate arguments
for all of the rejected claims. Rather, Appellant’s arguments are principally
directed to independent claim 1. Any claim not separately argued will stand
or fall with its respective independent claim. See 37 C.F.R.
§ 41.37(c)(1)(vii).
We essentially adopt the Examiner’s findings pertinent to the issues
raised by Appellant. We therefore incorporate the Examiner’s position as
set forth in the Answer. We add the following for emphasis only.

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Application 11/985,180

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Rejections 1 and 2
Issue: Did the Examiner err in determining that Cohen or Grenier
anticipates claim 1, and, in particular, with regard to the aspect of claim 1
pertaining to “sealing the pipe insulation by applying a continuous adhesive
to an exterior of the longitudinally extending flap and an exterior area of the
jacket adjacent the first lateral edge portion”?
We answer this question in the negative and AFFIRM.
Appellant argues that one skilled in the art would understand that
applying the continuous adhesive to the longitudinally extending flap means
that it can only be applied as a continuous adhesive along the [entire] length
of the pipe. Br. 4.
However, as correctly determined by the Examiner, the original
Specification or the plain language of claim 1 does not indicate the adhesive
tape extends along the entire length of the pipe, but that it is on an exterior
[emphasis added] of the longitudinally extending flap and an exterior
surface [emphasis added] of the jacket adjacent the first lateral edge.
(Compare Ans. 6 with e.g., p. 2 of the Specification at lines 21-23, and p. 3
of the Specification at lines 7-9.) We concur with the Examiner that the
broadest reasonable meaning of the word “an exterior” or “an exterior
surface” in light of the Specification indicates a portion of the pipe length
and not necessarily the entire length of the pipe.
Having determined that the continuous adhesive is applied as
interpreted above, we thus agree with the Examiner’s anticipation rejection
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Application 11/985,180

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of claim 1 over Cohen or Grenier for the reasons provided in the Answer,
which we incorporate as our own.
In view of the above, we affirm Rejections 1 and 2.
Rejections 3-5
Appellant argues that the secondary references do not cure the
asserted deficiencies of the primary references and/or argue similar
arguments as discussed above. Br. 6-7. Hence, for the reasons that we
affirm Rejections 1 and 2, we also affirm Rejections 3-5.

CONCLUSIONS OF LAW AND DECISION
Each rejection is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1).
AFFIRMED

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