Appeal No. 1997-1525
Application No. 08/151,352
(filed Sep. 25, 1992)
All of the claims on appeal are rejected under 35 U.S.C.
§ 103 as being unpatentable over Brown in view of Bernett and
Puydak.
We refer to the Brief and Reply Brief and to the Answer
and Supplemental Answer for a complete discussion of the
opposing viewpoints expressed by the appellant and the
examiner concerning the above noted rejection.
OPINION
We cannot sustain this rejection.
As correctly argued by the appellant in his Briefs, the
applied prior art simply contains no teaching or suggestion of
a sound insulating membrane comprising a nonfoam polymeric
layer having the properties of elongation factor and Shore A
hardness defined by the independent claims on appeal. We
appreciate that Puydak discloses in Table II a polymeric
composition F (which was not a composition in accordance with
his invention; see lines 43 through 45 in column 13) which
possesses Shore A hardness and elongation properties within
3
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007