Ex parte GAFFIGAN - Page 2




          Appeal No. 1997-1525                                                        
          Application No. 08/151,352                                                  


               The subject matter on appeal relates to a unitary, single              
          sheet sound insulating membrane comprising a backing layer and              
          a nonfoam, polymeric layer having an elongation factor of from              
          about 500% to about 900% and a Shore A hardness of from about               
          65 to about 80 points, 5 seconds, wherein the membrane has a                
          thickness of less than about 0.150 inches.  This appealed                   
          subject matter is adequately illustrated by independent claim               
          1 which reads as follows:                                                   
               1.  A unitary, single sheet sound insulating membrane                  
          comprising:                                                                 
               at least one backing layer; and                                        
               a nonfoam, polymeric layer contacting and affixed to said              
          one backing layer, said polymeric layer formed from at least                
          one polymeric material, said polymeric layer having an                      
          elongation factor of from about 500% to about 900% and a Shore              
          A hardness of from about 65 to about 80 points, 5 seconds,                  
          wherein said membrane has a thickness of less than about 0.150              
          inches.                                                                     

               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            

          Bernett et al. (Bernett)                4,567,704           Feb.            
          4, 1986                                                                     
          Brown                              4,681,786           Jul. 21,             
          1987                                                                        
          Puydak et al. (Puydak)             5,403,892           Apr.  4,             
          1995                                                                        
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