Appeal No. 94-4489
Application No. 07/857,216
microspheres and avoiding the melting of thermoplastic
microspheres, we find that it is well within the level of one
of ordinary skill in the art to utilize thermoplastic
microspheres having higher melting temperatures than
conventional vulcanization temperatures and/or utilize, as
shown by the Gaworowski reference, lower vulcanization
temperatures than the melting temperatures of thermoplastic
microspheres. See In re Sovish, 769 F.2d 738, 743, 226 USPQ
771, 774 (Fed. Cir. 1985) (obviousness requires consideration
of the level of one of ordinary skill in the art who is
presumed to have skill); see also at page 7, lines 22-26, of
the specification for the kind of high skill and significant
knowledge imputed to one of ordinary skill in the art by
appellants. It is no more than common sense to employ
thermoplastic microspheres having a melting point temperature
higher than conventional vulcanization temperatures to avoid
the melting of the microspheres during vulcanization.
Accordingly, we agree with the examiner that it would have
been obvious to vulcanize thermoplastic microspheres having
higher melting point temperatures, such as those claimed, at
conventional vulcanization conditions, including the claimed
8
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