Appeal No. 2001-0840
Application No. 08/896,882
providing a rubber composition consisting essentially of, about 30-70% devulcanized,
recycled rubber by weight, and the remainder comprising natural or synthetic rubber, carbon black,
process oil, silica, activators, process aids, accelerators and sulfur;
sheeting said rubber composition;
vulcanizing said rubber composition;
cutting said rubber composition after vulcanizing; and
securing the rubber composition
11. A personal article comprising a final, vulcanized rubber composition, that is not a
thermoplastic, said rubber composition before vulcanization consisting essentially of about
30-70% devulcanized, recycled rubber by weight, and the remainder comprising natural or
synthetic rubber, carbon black, process oil, silica, activators, process aids, accelerators and
sulfur.
Claims 1 through 24 stand rejected under 35 U.S.C. § 112, first paragraph, as lacking written
descriptive support for the subject matter presently claimed1. Claims 1 through 24 stand rejected
under 35 U.S.C. § 112, second paragraph, as being indefinite for failing to particularly point out and
distinctly claim the subject matter which regards as his invention.
We reverse.
We turn first to the examiner’s rejection of 1 through 24 under 35 U.S.C. § 112, first
paragraph, as lacking written descriptive support for the subject matter presently claimed.
According to the examiner (Answer, page 4), the claim language “that is not a thermoplastic” is not
described in the application disclosure as originally filed. Although the criticized claim language is
1 The examiner has withdrawn the § 102(b) rejection of claims 1 through 24 set forth in
the final Office action dated December 14, 1999. See the Answer, Page 3.
2
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