Appeal 2007-3918
Application 10/203,926
examples of suitable expandable polymeric microspheres as commercially
available expandable polymeric microspheres, including those “available
from Akzo-Nobel under the designation ‘Expancel 551,’ ‘Expancel 461,’
and ‘Expancel 091’” (Gehlsen 14:15-21). We find that Gehlsen teaches at
least partially expanding one or more expandable polymeric microspheres in
a polymer composition during extrusion (Gehlsen 5:6-17). We find that
Gehlsen exemplifies the extrusion temperature from 82 to 121ēC (pp. 26-
50). We find that Gehlsen teaches that the foam can be further heated (e.g.,
193ēC) to cause further microsphere expansion (pp. 8, 36 and 37). We find
that substantial evidence supports the Examiner’s finding at page 7 of the
Answer that the polymeric composition taught by Gehlsen is vulcanized
(i.e., cross-linked) (see, e.g., Gehlsen 3:26-32, 4:28, and 6:28-31). We find
that Gehlsen teaches “[a]ny crosslinking [vulcanization] should not
significantly inhibit or prevent the foam from expanding to the degree
desired” (Gehlsen 3:28-29).
The dispositive question is, therefore, whether Gehlsen and
Brennenstuhl would have suggested employing the claimed volume fraction
and diameter of the expanded microspheres in the rubber foam within the
meaning of 35 U.S.C. § 103. On this record, we answer this question in the
affirmative.
As indicated supra and in the Answer, Gehlsen, like the Appellants,
teaches employing commercially available expandable polymeric
microspheres capable of having the claimed expanded diameter as explained
by Brennenstuhl and/or the Appellants. The amount of expandable
polymeric microspheres employed in Gehlsen embraces those exemplified in
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