Ex parte SCHWARTZ et al. - Page 7




                Appeal No. 98-2031                                                                                                        
                Application 08/794,154                                                                                                    


                invention to utilize the compliant, extremely soft, highly flexible gelatinous elastomer of Chen to make                  

                the conformable sealing pad (42) of Runckel.  We base this determination on our belief that one of                        

                ordinary skill in the art of goggles (like those envisioned by Runckel) would have readily understood                     

                that the compliant and resiliently deformable gelatinous elastomer of Chen would be a desirable material                  

                and an obvious choice for a cushioning/sealing pad like (42) of Runckel.                                                  



                        The material of Chen has numerous desirable characteristic to commend itself to the attention of                  

                the skilled artisan.  Chen notes (col. 1, lines 60-62) that the gelatinous elastomer therein has high                     

                dimensional stability, excellent crack, tear, craze and creep resistance, improved tensile strength and                   

                high elongation.  In addition, it is indicated that this material has “excellent processing ability for cast              

                moulding“ (col. 1, lines 67-68) and has a long service life and allows for repeated handling (col. 1, lines               

                64-65).  Chen (col. 2, lines 1-5) notes that articles formed of the gelatinous material therein may be                    

                transparent, non-toxic, nearly tasteless and odorless, extremely soft, highly flexible, and easily hand                   

                deformable.  Column 4, lines 25-36, describe the material of Chen as extremely soft and highly elastic,                   

                and as having a gel rigidity of “about 20 gram or lower to about 700 gram Bloom.”  Column 6, lines                        

                23-36, describe characteristics of articles molded from the gelatinous elastomer compositions of Chen                     

                and expressly point out that                                                                                              




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