Appeal 2007-3918
Application 10/203,926
(iv) heating the rubber to effect vulcanisation,
wherein there is formed a foamed rubber having a plurality of microvoids
comprising expanded microspheres incorporated therein, and wherein the
microspheres are expanded during heating and vulcanisation of the rubber,
the vulcanisation process being manipulated such that the volume fraction of
the expanded microspheres is 35-80% in the foamed rubber, and the
microspheres have an expanded diameter of between 400 µm and 1000 µm.
As evidence of unpatentability of the claimed subject matter, the
Examiner has relied upon the following references1:
Haren US 4,226,911 Oct. 7, 1980
Brennenstuhl US 5,750,581 May 12, 1998
Mitsuboshi JP 11130916 A May 18, 1999
Noguchi JP 11189682 Jul. 13, 1999
Gehlsen WO 00/06637 Feb. 10, 2000
The Examiner has rejected the claims on appeal as follows:
1. Claims 13 and 14 under 35 U.S.C. § 112, first paragraph, as
failing to provide an enabling disclosure in the Specification for the
presently claimed subject matter (Answer 3);
2. Claims 1 through 3, 6, 8, 11, and 12 under 35 U.S.C. § 103(a)
as unpatentable over the combined disclosures of Gehlsen and Brennenstuhl
(Answer 7);
3 Claims 1, 3, 6, 9, 11, 12, and 14 under 35 U.S.C. § 103(a) as
unpatentable over the combined disclosures of Mitsuboshi and Brennenstuhl
(Answer 8);
4. Claim 10 under 35 U.S.C. § 103(a) as unpatentable over the
combined disclosures of Mitsuboshi and Noguchi (Answer 8); and
1 Our reference to the published Japanese patent applications is to the
corresponding English translations of record.
3
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