Appeal No. 97-3608
Application 08/533,640
sustain the rejection.
Harada, the primary reference relied on by the examiner,
teaches the preparation of a laminated fabric sheet having
excellent air permeability, which is prepared using a rubber
composition which includes as a main ingredient a liquid diene
polymer (col. 2, lines 4-16). Harada discloses that the use of
the liquid diene polymer as a main ingredient is extremely
effective for forming air passages in the rubber composition
(column 4, line 58 to column 5, line 5). As pointed out by
appellants, there is no teaching or suggestion in Harada, nor in
the secondary references, of the claimed composition which
comprises only 5 to 15% of the polybutadiene homopolymer in part
(b), the second component of the claimed composition. In
examples 1 and 2, Harada discloses 48% and 29% of diene polymer
by weight, and Harada teaches the use of the diene polymer as a
main ingredient required to form the desired air passages in his
rubber composition.
The examiner asserts that it would have been "obvious to
arrive at the stoichiometry" because it's obvious to adjust
amounts to vary properties. However, the examiner's assertions
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Last modified: November 3, 2007