Ex parte JOSEFSSON - Page 8




                Appeal No. 97-1037                                                                                                            
                Application 08/467,869                                                                                                        



                The minimum values similarly call for an intermediate layer 2 and                                                             
                film 3 thinner than each metal sheet.  Of particular interest, is                                                             
                the clear indication by Niwa (column 6, lines 40 through 45) of a                                                             
                conventional form of damper wherein a sheet form of rubber is                                                                 
                interposed between steel sheets with the use of polyethylene                                                                  
                resin.                                                                                                                        


                                 The British document (page 2, lines 13 through 26)                                                           
                teaches a vibration damping device having rubber material                                                                     
                vulcanized to and sandwiched between metal plates.  The document                                                              
                expressly indicates (page 2, lines 27 through 31) that                                                                        
                                 the thickness of the mixture of rubber and                                                                   
                                 extract between the two relatively rigid                                                                     
                                 structures may be determined by the man                                                                      
                                 skilled in the art depending on the par-                                                                     
                                 ticular purpose for which the device is to be                                                                
                                 used, and the known principles governing the                                                                 
                                 constructions of vibration damping devices of                                                                
                                 this type.                                                                                                   


                                 In applying the test for obviousness,  we reach the           6                                              
                conclusion that it would have been obvious to one having ordinary                                                             

                         6The test for obviousness is what the combined teachings of                                                          
                references would have suggested to one of ordinary skill in the                                                               
                art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091                                                                
                (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ                                                                
                871, 881 (CCPA 1981).                                                                                                         
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