Appeal No. 1999-0822 8
Application No. 08/732,866
the transitional phrase, “comprising.” Accordingly, the claimed subject matter is open to
the inclusion of other components including each of the components disclosed by Bistak.
Moreover, contrary to the examiner’s position, we find that Bistak expressly
teaches that, “the composition of the present invention has excellent sound-deadening
properties which result from the inclusion of particularly defined crosslinked elastomeric
rubber particles dispersible in the extrudable composition.” See column 5, lines 3-7. In
addition, we find that the rigidity of the article likewise results from the inclusion of the
same small crosslinked elastomeric rubber particles into a thermoplastic composition.
Accordingly, we conclude that both the article disclosed by Bistak and the claimed subject
matter share the same characteristics of rigidity and flexibility, particularly as the
characteristics result from the introduction of crosslinked elastomer, and both appellant
and patentee utilizes the same crosslinked elastomer.
We furthermore agree with the examiner’s finding that the Bistak article could be
washed by a carpet steam cleaner thereby meeting the requirement of the claimed subject
matter that the “mat possesses suitable flexibility to be laundered.” See Answer, page 7.
We do not read into the limitation of claim 1, a requirement for the utilization of a rotary
industrial cleaner as argued by the appellant as no basis for that limitation is found in the
specification. We acknowledge that the appellant has submitted a Declaration by John H.
Murray, filed as an attachment to Paper No. 21, executed May 12, 1997, stating that,
“[w]ash processing at major industrial laundries involves aggressive rotary washing.” See
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