IN RE: GREGORY A. BRANDT, JOHN B. LETTS, FIRESTONE BUILDING PRODUCTS COMPANY, LLC, Appellants
from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. 13/652, 858.
M. Reginelli, Renner, Kenner, Grieve, Bobak, Taylor &
Weber, Akron, OH, argued for appellants. Also represented by
Laura J. Gentilcore, Ray L. Weber.
McBride, Office of the Solicitor, United States Patent and
Trademark Office, Alexandria, VA, argued for appellee Andrei
Iancu. Also represented by Nathan K. Kelley, Molly R. Silfen,
Coke Morgan Stewart.
Lourie, Reyna, and Taranto, Circuit Judges.
A. Brandt, John B. Letts, and Firestone Building Products
Company LLC appeal from a decision by the Patent Trial and
Appeal Board affirming an examiner's obviousness
rejection of their patent application claims related to
construction board for a covered roof. Because substantial
evidence supports the Boards factual findings, and the Board
did not err in its conclusion of obviousness, we affirm.
October 16, 2012, inventors Brandt and Letts (together,
"Brandt") filed Patent Application No. 13/652, 858
("'858 application") with the United States
Patent Office. The '858 application relates to "high
density polyurethane or polyisocyanurate construction boards,
as well as their use in flat or low-slope roofing
systems." J.A. 17. Following examination, only
independent claims 1 and 3 remained in the '858
application. Those claims are directed to a covered roof and
a method for applying covering to a roof, respectively. Both
claims are at issue in this appeal.
2 of the '858 application depicts the covered roof:
40. As shown in Figure 2, the covered roof consists of
stratified layers comprising a roof deck 32, an insulation
board 34, and a high-density coverboard 10. The '858
application explains that coverboards "add integrity to
the roof." J.A. 18. When layered atop the insulation
board, as in Figure 2, the coverboard can protect the
insulation board which is "prone to denting or damage
due to the fact that insulation boards are low density
cellular materials." Id.
claim 1 provides:
1. A covered roof ...