Ex Parte DUCK et al - Page 1




               The opinion in support of the decision being entered today             
                (1) was not written for publication in a law journal and              
                       (2) is not binding precedent of the Board.                     
                                                            Paper No. 53              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
              Ex parte EDWARD W. DUCK, INGOLF SCHEFFLER and KLAUS RUCH                
                                   _____________                                      
                                Appeal No. 1997-4356                                  
                               Application 08/458,628                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before KIMLIN, WARREN and DELMENDO, Administrative Patent Judges.           
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 10-12,            
          14, 16-20, 22, 24 and 25, all the claims remaining in the present           
          application.  Claim 10 is illustrative:                                     
               10.  A non-aqueous sprayable plastisol sound-dampening                 
               composition free of volatile components consisting                     
               essentially of:                                                        
                    a) from about 10 to about 60 percent by weight of                 
               a polymer powder mixture having an average particle                    
               size of less than about 60 microns, said mixture                       
               consisting essentially of                                              









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