Appeal No. 1997-3096
Application 08/391,407
16. A deflector for application to the inner panel of a vehicle to reduce the intrusion of
water and sound past said vehicle panel, said deflector comprising a flat and flexible material
having a peripheral shape generally matching the peripheral configuration of the inner panel,
characterized in that said material is a thermoplastic elastomer substantially filled with an
inorganic filler.
31. A deflector for application to the inner panel of a vehicle to reduce the intrusion of
water and attenuate sound through an opening comprising:
a sheet of material having a peripheral shape generally matching the peripheral
configuration of said opening in said panel wherein said material comprises a thermoplastic
elastomer substantially filled with an inorganic filler.
32. The deflector of claim 31 wherein said thermoplastic elastomer further comprises
from about 2% to about 20% of polyethylene selected from the group consisting of low density
polyethylene, linear low density polyethylene, ultra low density polyethylene and said inorganic
filler further comprises a thermoplastic elastomer substantially filled with from about 50% to
about 95% of an inorganic filler.
34. The deflector of Claim 33 wherein said sheet is selectively deformed to conform to
surface irregularities on said door.
35. The deflector of Claim 31 further comprising a layer of adhesive selectively applied
about the periphery of the sheet for adhering the sheet to said door.
The appealed claims as represented by claims 16, 31, 32 and 343 are drawn to a deflector
for application to the inner panel of a vehicle to reduce the intrusion of water and sound, or
attenuating sound, past said vehicle panel or through an opening, said deflector comprising at
least a flat and flexible material or a sheet of material having a peripheral shape generally
matching the peripheral configuration of the inner panel (claim 16) which would cover “an
opening” (claim 31). The sheet of material comprises at least a thermoplastic elastomer
substantially filled with an inorganic filler (claims 16 and 31), and the thermoplastic elastomer
can further comprise at least from about 2% to about 20% of polyethylene selected from the
group consisting of low density polyethylene, linear low density polyethylene, ultra low density
polyethylene and said inorganic filler be filled with from about 50% to about 95% of an
2 We have copied these claims as they stand of record, including the last two lines of claim 32,
which claim was presented in the preliminary amendment of February 16, 1995 (Paper No. 3).
3 Appellants take the position in their brief (pages 4-5) that the grounds of rejections of claims
16 through 19 and 31-33 under § 102(b) and § 102(e), and the ground of rejection of appealed
claims 34 and 35 under § 103, can each be considered on the basis of a “representative” claim.
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