Appeal 1997-2575
Application 08/524,661
to have been 28.72% (col. 9, line 27) [applicant claims 17 to
65%].
12. According to Beers, Example 3 demonstrates the
influence of filler type and moisture level on behavior of
final formed-in-place gasket materials (col. 8, lines 66-67).
Differences between claim 1 and Beers
13. Applicant claims that Beers differs from claim 1
as follows:
a. Beers describes the use of a calcium
carbonate filler having less than 0.2% water when the filler
is used in amounts which exceed 15% parts by weight (col. 5,
lines 47-52), whereas applicant claims at least 17 parts by
weight of filler having a water content of more than 0.25%.
See generally Appeal Brief, page 4.
b. Applicant claims the use of an oxime
crosslinking agent in an amount such that the oxime to
hydroxyl equivalents is at least 1.3 whereas Beers is said to
describe the use of a lower amount of oxime. See generally,
Appeal Brief, pages 4-5.
14. The examiner states (Examiner's Answer, page 4):
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