Appeal No. 95-4242
Application 08/063,290
essentially of (1) a rubber component containing an ethylene-propylene-diene
rubber, and (2) 5 to 100 parts by weight of polyisobutylene having a viscosity
average molecular weight of 6,000 to 50,000 per 100 parts by weight of said rubber
component.
The examiner relies upon the following reference as evidence of obviousness:
Briddell et al. (Briddell) 5,242,747 Sep. 07, 1993
Appellants' claimed invention is directed to a rubber composition and a grip made
from such a rubber composition. The composition consists essentially of ethylene-
propylene-diene rubber and a polyisobutylene having a viscosity average molecular weight
of 6,000 to 50,000. The rubber composition finds utility in making grips of golf clubs,
tennis rackets and the like. According to appellants, grips made from the claimed rubber
composition are not slippery, have a good feeling of touch, and exhibit a good cushioning
action.
Appealed claims 1-18 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Briddell.
Upon careful consideration of the opposing arguments presented on appeal, we
agree with appellants that the disclosure of Briddell fails to establish a prima facie case of
obviousness for the claimed subject matter. Accordingly, we will not sustain the
examiner's rejection for essentially those reasons expressed in appellants' principal and
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