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                       (2) is not binding precedent of the Board.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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