Ex parte WATANABE et al. - Page 10




          Appeal No. 95-1987                                                          
          Application 08/076,475                                                      



          which indicates, in an alternative embodiment, that a fixed                 
          quantity of rubber may be placed in a mold cavity and "the                  
          separate molds are neatly jointed so that the rubber material               
          may be filled up by compression."                                           
                    With respect to those claims, separately argued,                  
          that call for the use of molds formed of fluorine resins or                 
          silicone resins, we note that Itoh contemplates the use of                  
          fluororesin mold material (column 1, lines 63-67) while Natori              
          teaches a preference for the use of molds made from, inter                  
          alia, fluoroplastics and silicone resins.                                   




                    In light of the foregoing discussion, we affirm the               
          rejection as to appealed claims 1, 3, 6, 7, 31, and 32.                     
          However, since our application of the prior art and rationale               
          arguably differs from that of the examiner, and, because we                 
          have additionally relied on the McGraw-Hill publication, we                 
          denominate our affirmance of the rejection of these claims as               
          involving a new rejection under 37 CFR § 1.196(b).                          



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