Appeal No. 1997-4356
Application No. 08/458,628
since such a modification would preclude the formation of a
polymeric sheet as taught by the Japanese reference" (sentence
bridging pages 8 and 9 of brief). According to the calculations
presented at page 10 of appellants' brief, the reference teaches
12.5% and 17% by weight of plasticizer.
Simply stated, we are satisfied that the examiner, at pages
5 and 6 of the answer, has amply demonstrated that appellants'
calculations regarding the amount of plasticizer disclosed by the
Japanese reference is a mischaracterization of the reference
disclosure. As explained by the examiner, Japanese '828 fairly
teaches a dampening composition comprising, preferably, 100 parts
by weight plasticizer, 100 parts by weight of the sum of a first
vinyl chloride polymer and a second cross-linked polymer, and 100
parts by weight filler. This equates to a composition comprising
33.3% plasticizer which falls directly within the claimed range
of 25-45% by weight. Moreover, the ranges disclosed at page 5 of
the English translation of Japanese '828 encompass a number of
other compositions wherein the plasticizer is present in an
amount within the claimed range. Furthermore, it is evident from
page 8 of appellants' specification that no criticality is
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