Appeal No. 95-4242
Application 08/063,290
reply briefs on appeal. We offer the following for emphasis only.
Although Briddell discloses a rubber composition containing an ethylene-propylene-
diene rubber and a polyisobutylene, the composition of Briddell also
necessarily contains a tackifier which allows the reference rubber composition to serve as
an adhesive for providing water-tight joints in single-ply roofing membranes. Since it is
well settled that appellants' claim language "consists essentially of" excludes all
components that materially affect the basic nature of the claimed composition, we fully
concur with appellants that the appealed claims exclude the tackifier of Briddell.
Manifestly, the inclusion of Briddell's tackifier in the claimed composition would result in a
composition that is not suitable for use in grips of articles. Since the examiner has not
explained why it would have been obvious for one of ordinary skill in the art to remove the
tackifier of Briddell, and such is not apparent to us, there is no factual basis for concluding
that the claimed rubber composition and grip would have been obvious to one of ordinary
skill in the art in view of the rubber composition of Briddell.
Based on the foregoing, the examiner's decision rejecting the appealed claims is
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