Ex Parte TANAKA et al - Page 4




          Appeal No. 2001-0676                                                        
          Application No. 08/941,132                                                  


               In evaluating the prior art references, it is proper to take           
          into account not only the specific teachings of the references but          
          also the inferences which one skilled in the art would reasonably           
          be expected to draw therefrom.  In re Preda, 401 F.2d 825, 826, 159         
          USPQ 342, 344 (CCPA 1968).  All of the disclosures in the prior art         
          reference must be evaluated for what they fairly teach or would             
          have suggested to one having ordinary skill in the art.  In re Boe,         
          355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                           
               With the above binding precedents in mind, we turn to the              
          examiner’s rejection of claims 9 through 19 under 35 U.S.C. § 103           
          as unpatentable over the combined disclosures of Yasuyuki and               
          either Kondo, Burlett or Hayashi.                                           
               The examiner finds (Answer, page 3), and the appellants do not         
          dispute (Brief, pages 7-19), that:                                          
                    Yasuyuki teaches deproteinizing natural rubber                    
               (measured as weight percent nitrogen) to nitrogen levels               
               below 0.02% by weight to remove allergens and enhance                  
               physical properties [page 2, line 11 - page 3, line 11;                
               page 10, Table 1, Example 1; claim 2,].  “By almost                    
               completely eliminating non-rubber components, an                       
               advantageous material for producing rubber products which              
               suffer from little energy loss and have excellent                      
               mechanical properties, improved crepe characteristics and              
               improved aging resistance, can be provided.” [page 3,                  
               lines 3-6].  The deproteinized rubber also possesses                   
               excellent processing and mechanical characteristics [page              
               24, lines 1-27].                                                       


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