Ex Parte Sjoberg

Board of Patent Appeals and Interferences

Jun 28, 2011

10477141 (B.P.A.I. Jun. 28, 2011)

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.
10/477,141 12/03/2003 Ake Sjoberg TPP 31706 3452
74217 7590 06/29/2011
NOVAK, DRUCE + QUIGG L.L.P. - PERGO
300 New Jersey Ave, NW
Fifth Floor
Washington, DC 20001
EXAMINER
SIMONE, CATHERINE A
ART UNIT PAPER NUMBER
1783
MAIL DATE DELIVERY MODE
06/29/2011 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 BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte AKE SJOBERG
____________

Appeal 2010-002804
Application 10/477,141
Technology Center 1700
____________

Before CHUNG K. PAK, BEVERLY A. FRANKLIN, and
MICHAEL P. COLAIANNI, Administrative Patent Judges.

FRANKLIN, Administrative Patent Judge.

DECISION ON REQUEST FOR REHEARING
Appellant requests rehearing of our Decision of February 10, 2011. In
that Decision, we sustained the rejections of record.
On page 3 of the Request for Rehearing, Appellant asserts that the
Examiner and the Board misapprehended the teachings of Ringo, and argues
that:
Figure 5 does not show "a system of decorative boards
assembled together, having first, second, third and fourth
Appeal 2010-002804
Application 10/477,141

2
edges" as the Board recites at lines 4-6 of Page 5 of their
decision, but in the words of the patentee, RINGO, a single
board "the floorboard 12" (RINGO, column 5, line 10).
The depiction in Figure 6 of RINGO is NOT of any "long
side" match of assembled boards. RINGO is specific to "short
side" match, i.e., the joining of rectangular boards at their "short
sides". If one would but read RINGO, (column 5, lines 14-18)
it is evident that RINGO teaches the "short side" match of the
"pattern" of floor boards 12 where "arrowheaded lines 10
indicate where the left end A and right end bars B meet". As is
known to those skilled in the art, "bars" are not synonymous
with "boards" but are merely the printed pattern of rows of bars
on a single board. Even if the Examiner is not one skilled in the
art, patentee provided an explanation of the relationship
between "bars" and "boards", See RINGO, column 1, lines 50-
56."
Figure 6 of Ringo “shows how several floor boards 12 (see FIG. 5)
have been put together to a floor.” Ringo, col. 5, ll. 14-16. Thus, our
agreement with the Examiner that Ringo teaches boards assembled together
is not in error. Also, we correctly recognized that Ringo teaches “short side”
match. Decision, 5. Further, on page 6 of our Decision, we stated that we
agree with the Examiner that Ringo’s teaching of “short side” match would
have suggested to one of ordinary skill in the art to modify the board of
Ringo to provide a long side match as well, with a reasonable expectation of
successfully providing the same desired look in the short side matching area
in the long side matching area.
Appellant then argues that Ringo and Bonsall do not teach a surface
structure overlapping an adjacent board. Req. 4. This argument is similar to
Appellant’s arguments presented on pages 6-7 of the Supplemental Brief
Appeal 2010-002804
Application 10/477,141

3
filed July 22, 2009. The Examiner adequately addressed such argument in
his Answer on pages 4-5 and 17. We agreed with the Examiner’s position as
stated on pages 6-7 of our Decision and are not persuaded by Appellant’s
reiteration of this argument.
In view of the above, Appellant’s comments in the Request for
Rehearing have not convinced us of any reversible error therein.
In conclusion, based on the foregoing, Appellant’s Request is granted
to the extent that we have reconsidered our Decision, but is denied with
respect to making any change therein.
DENIED

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