Ex parte MONAHAN - Page 8




          Appeal No. 96-0640                                                          
          Application 08/127,178                                                      
          support of the examiner’s holding, Metzger teaches that (1)                 
          conventional soundproof structures transmit 4-5 less decibels               
          for each doubling of their weight over a large portion of the               
          audio frequency range (Metzger, col. 1, l. 47-50), and (2)                  
          powdered lead or aluminum and other fillers which have a high               
          density can be incorporated into his soundproofing coatings                 
          (Metzger, col. 4, l. 63-65).  Metzger also states (Metzger,                 
          col. 3, l. 1-10; emphasis added):                                           
               [T]he sound, as it strikes the surface and starts                      
               penetration of the material, will be refracted as                      
          indicated                                                                   
               in Fig. 2.  The amount of refraction is a function of the              
               difference in densities of the materials forming a change              
               in the refraction boundary.  As indicated in Fig. 2 the                
               difference in densities between the epoxy resin binder                 
          10,                                                                         
               the glass microspheres 12, and the entrapped reduced                   
               atmospheric pressure within the microspheres, causes a                 
               continuing process of refraction, reflection and                       
          absorption.                                                                 
               However, contrary to the recognized conventional                       
          relationship between sound transmission and the weight of the               
          soundproof structures which Metzger recognizes at column 1,                 
          lines 47-50, Metzger expressly states, “[I]t is desirable that              
          the specific gravity be as small as possible so that the                    
          panels are lightweight” (Metzger, col. 4, l. 20-21).  It                    
          appears that Metzger’s primary goal is “[t]o increase the                   

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