Ex Parte GILSON - Page 1




                                  The opinion in support of the decision being entered today was not written                      
                                          for publication and is not binding precedent of the Board.                              

                                                                                                        Paper No. 27              

                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                          ____________                                                            
                                         BEFORE THE BOARD OF PATENT APPEALS                                                       
                                                     AND INTERFERENCES                                                            
                                                          ____________                                                            
                                                   Ex parte ROBIN B. GILSON                                                       
                                                          ____________                                                            
                                                      Appeal No. 2001-0840                                                        
                                                    Application No. 08/896,882                                                    
                                                          ____________                                                            
                                                   HEARD: November 20, 2002                                                       
                                                          ____________                                                            
               Before PAK, JEFFREY T. SMITH, and PAWLIKOWSKI, Administrative Patent Judges.                                       
               PAK, Administrative Patent Judge.                                                                                  


                                                     DECISION ON APPEAL                                                           
                      This is a decision on an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of                
               claims 1 through 24, which are all the claims pending in the above-identified application.                         
                      Claims 1, 4 and 11 are representative of the subject matter on appeal and read as follows:                  
               1.  A final vulcanized rubber composition, that is not a thermoplastic, for use in making clothing                 
               and fashion accessories having a tensile strength of 2000-2350 psi, and elongation of 325-425%,                    
               and a Shore A hardness of 45-75 and comprising, before vulcanization of said rubber composition,                   
               about 30%-70% (by weight) devulcanized, recycled rubber.                                                           
               4.  A method for using a final, vulcanized rubber composition, that is not a thermoplastic, to make                
               clothing and fashion accessories comprising the steps of:                                                          







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