Ex parte SCHWARTZ et al. - Page 8




                Appeal No. 98-2031                                                                                                        
                Application 08/794,154                                                                                                    


                                [i]n applications where low rigidity, high elongation, good compression set and                           
                        excellent tensile strength are  important, the instant compositions would be preferred.                           




                        Chen additionally points out (in column 6) that the compositions therein “are also useful as                      

                moulded shape articles for use in medical and sport health care” (lines 48-49) and that other uses of the                 

                compositions “may include... optical uses... and various optical devices... [and use] as a high vacuum                    

                seal” (lines 58-62). At column 7, lines 8-12, it is indicated that the elastomer compositions of Chen can                 

                be formed into any desired shape, size and thickness suitable as a cushion, and that the shaped                           

                composition can be additionally surrounded by film, fabric, foam, or any other desired material or                        

                combinations thereof.  Column 7, lines 42-47, again emphasize that                                                        

                the compositions of Chen can be formed in any shape, and that                                                             


                        the original shape can be deformed into another shape (to contact a regular or irregular                          
                        surface) by pressure and  upon removal of the applied pressure, the composition in the                            
                        deformed shape will recover back to its original  shape.                                                          


                        Based on the foregoing, and particular on the teachings of Chen regarding the gelatinous                          

                elastomeric compositions therein being 1) used for medical and sport health care applications, 2) used                    

                as cushions associated with human body parts, 3) for optical uses and various optical devices, and 4)                     

                used as a high vacuum seal against atmospheric pressure, it is our conclusion that one of ordinary skill in               


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