Ex Parte DESAI et al - Page 5


          Appeal No. 2001-1762                                                        
          Application No. 09/226,903                                                  

          vulcanizing a dispersion of fine particles of liquid rubber                 
          incompatible with the epoxy resin in the epoxy resin with a                 
          vulcanizing agent.  (Column 2, lines 47-52.)                                
               The examiner’s basic position is stated as follows (answer,            
          page 4):                                                                    
                    It would have been obvious to add the vulcanized                  
               rubber of the German patent [Magnani] and Sugimori et                  
               al as an additive or extender of Schappert et al in                    
               order to improve the noise absorption (German patent,                  
               page 3, first column, third full paragraph),                           
               flexibility and mechanical strength (Sugimori et al,                   
               col. 1, lines 24-30 and col. 2, lines 22-30).                          
               We cannot agree.  As pointed out by the appellants (appeal             
          brief, pages 6-7 and 11-14), the composition described in                   
          Schappert is completely different from the composition described            
          in either Magnani or Sugimori.                                              
               In particular, Schappert does not teach the use of an                  
          organic carrier.  Also, Schappert’s composition contains a                  
          thermoplastic polyester that is non-reactive and is insoluble in            
          the epoxide group containing material (a).  Further, Schappert’s            
          composition contains a curing agent (e.g., an aliphatic,                    
          cycloaliphatic, or aromatic polyfunctional amine) adapted to                
          cure the one or more epoxide group containing material (a).                 
               By contrast, Magnani discloses a composition containing a              
          resin such as an epoxide resin, an organic carrier, and a filler            
          in the form of particles of natural gum or synthetic rubber                 

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