Appeal No. 1997-1525
Application No. 08/151,352
the broad ranges claimed by the appellant. However, we cannot
agree with the examiner that it would have been obvious for
one with ordinary skill in the art to use this composition "as
the resilient layer of a sound insulating sheet as disclosed
in Brown and Bernett . . . for the purpose of noise and impact
reduction" (Answer, page 5). This is because the applied
references do not contain the suggestion to modify or the
reasonable expectation of success which are required under 35
U.S.C. § 103. In re O'Farrell, 853 F.2d 894, 903, 7 USPQ2d
1673, 1680-1681 (Fed. Cir. 1988).
The decision of the examiner is reversed.
REVERSED
)
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHARLES F. WARREN )
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