Appeal No. 2000-1162 Application 08/967,876 black is present in an amount of 100 to about 300 parts by weight carbon black per 100 parts by weight ethylene-propylene-diene-monomer (EPDM). 8. An ethylene-propylene-diene-monomer (EPDM) composition having a smooth high gloss finish when extruded comprising ethylene-propylene-diene-monomer (EPDM) and a carbon black having a cetyl-trimethyl ammonium bromide absorption value (CTAB) of about 30 m2/g to about 70 m2/g and a dibutyl phthalate adsorption value (DBP) greater than about 125 cc/100g, wherein the carbon black is present in an amount of 100 to about 300 parts by weight carbon black per 100 parts by weight ethylene-propylene-diene-monomer (EPDM). The appealed claims, as represented by claims 5 and 8, are drawn to an ethylene- propylene-diene-monomer (EPDM) composition comprising at least an ethylene-propylene- diene-monomer (EPDM) and a carbon black characterized with respect to cetyl-trimethyl ammonium bromide absorption values (CTAB) and dibutyl phthalate adsorption values (DBP) as specified in the claims, wherein the carbon black and the EPDM are present in the amounts specified in the claims, and the composition has a smooth high gloss finish when extruded. According to appellants, the compositions “are advantageous for use in applications where a high gloss . . . finish is desirable,” such as for “automotive weather stripping” (specification, page 2). The references relied on by the examiner are: Bush 5,236,992 Aug. 17, 1993 Joyner et al. (Joyner) 5,272,203 Dec. 21, 1993 The examiner has rejected appealed claims 5 through 11, 13 and 14 under 35 U.S.C. § 102(e) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as being obvious over Joyner. The examiner has further rejected appealed claims 8 through 11 and 14 under 35 U.S.C. § 102(e) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as being obvious over Bush.1 Appellants state in their brief (page 3) that the appealed claims in each ground of rejection “stand together.” Thus, we decide this appeal based on appealed claims 5 and 8. 37 CFR § 1.192(c)(7) (1999). We affirm the grounds of rejection under § 103(a) and reverse the grounds of rejection under § 102(e). 1 The examiner has withdrawn the grounds of rejection under 35 U.S.C. § 112, second paragraph (answer, page 4). - 2 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007