Appeal No. 1997-3096
Application 08/391,407
used for, inter alia, “various waterproof covers” (abstract and col. 1, lines 4-35, and col. 3, lines
45-61). The thermoplastic elastomers can be mixed with polyolefin type thermoplastic
elastomer, including ethylene homoploymers, in amounts up to 50% by weight (col. 3, lines 5-
44). We further find in Nakamura Examples 1 through 7, 9 and 10 that the amount of calcium
carbonate is 50% by weight based on the combined weight of the thermoplastic elastomer and
inorganic filler (Nakamura Tables 1-3). The shape and dimensions of the elastomeric sheets
formed in these Examples are not fully disclosed as the reference teaches, as seen with respect to
Examples 1 through 3, for example, that the elastomeric material was “press-formed into a sheet
having a thickness of 0.3 mm” (col. 7, lines 3-4), that is, a flat sheet. We find that in Nakamura
Examples 11-14, the thermoplastic elastomer is blended with linear low density polyethylene, in
weight ratios of elastomer:ethylene of 25/15 and 30/20 and the amount of inorganic filler is 50%
by weight based on the combined weight of the thermoplastic elastomer:linear low density
polyethylene and inorganic filler. The amount of linear low density polyethylene blended with
the thermoplastic elastomer in these Examples is 37.5% and 40% by weight. Nakamura teaches
that “a thermoplastic synthetic resin (plastomer) may be mixed with the polyolefin type
thermoplastic elastomer . . . in an amount of up to 50% by weight” (col. 3, lines 34-43).
In comparing claims 16 and 31 with the teachings of Nakamura, we find that the specific
embodiments of Examples 1 through 7 and 9 through 14 satisfy the limitations of claims 16 and
31 with respect to a “sheet” material which resists or deflects water, that comprises at least a
flexible thermoplastic material substantially filled with an inorganic filler and is flat as well as
flexible. The reference is silent with respect to the reduction or attenuation of sound by the soft,
porous sheets and does not specify the shape and dimensions of the sheets formed in the
Examples thereof. However, we are of the opinion that the soft, porous sheets of Nakamura
reasonably appear to satisfy these limitations as well. We find that the claims do not specify the
extent to which sound must be reduced or attenuated by the “sheet” material and the sheets of the
reference would reasonably appear to interfere with the transmission of sound, thus reducing it or
attenuating it as required by the claims. Furthermore, while the shape and dimension of the
sheets formed in the reference Examples is not fully disclosed, we find that the reference
appeal.
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