Appeal No. 1998-1452
Application 08/408,006
Lynch discloses a “resilient sealing trim or weather
strip having a longitudinally extending flexible tube [hollow
rubber sealing portion 12] with portions of its length
containing a resilient filler [elastomeric foamed-in-place
resin 27] serving to prevent crimping or transverse collapsing
of the tube when it is curved on a relatively short radius”
(column 1, lines 14 through 18).
As indicated above, appealed claim 1 recites an
arrangement for avoiding squeaking noises generated by a
window pane being
displaced relative to a sealing element wherein a vibration
damping element provides an additional modal damping
satisfying a specific mathematically-defined inequality.
Nozaki and Lynch are completely devoid of any teaching or
suggestion of this vibration damping element inequality.
Indeed, neither of these references exhibits any concern
whatsoever with the problem of sealing element/window pane
vibration. Rejections based on 35 U.S.C. § 103 must rest
on a factual basis. In re Warner, 379 F.2d 1011, 1017, 154
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