Appeal No. 95-1987
Application 08/076,475
We reverse the examiner's rejection as applied to
appealed claims 4, 5, 29, 30, 33, and 34. These claims
additionally require that the rubber compound utilized include
at least one component selected from the group consisting of
alkylene glycol, chlorinated rubber and mixtures thereof.
Suffice it to say that the examiner has provided no objective
evidence suggesting the use of these materials in Itoh's
rubber compositions. In short, the record is devoid of any
suggestion that these materials are "polar radical materials"
similar to the carbon black, stearic acid, sulfur and zinc
oxide utilized by Itoh.
As a final matter, we point out that we have not
relied on the Smythe reference utilized by the examiner in the
statement of his rejection, nor have we reviewed the
Encyclopedia of Polymer Science and Technology reference,
Persson, Izumi or Selfride, all referred to in the Examiner's
Answer.
In summary, the examiner's rejection of claims 1, 3,
6, 7, 31, and 32 is affirmed. However, we denominate our
affirmance as involving a new rejection pursuant to 37 CFR §
11
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