Ex Parte DESAI et al - Page 4


          Appeal No. 2001-1762                                                        
          Application No. 09/226,903                                                  

          containing materials and being insoluble in the one or more                 
          epoxide group containing materials of (a); and                              
               (c) a curing agent adapted to cure the one or more epoxide             
          group containing materials of (a).  (Column 1, lines 29-45.)                
          Further, Schappert teaches that the curable composition “can                
          contain a variety of additives including pigments,                          
          reinforcements, thixotropes, plasticizers, extenders,                       
          stabilizers and antioxidants.”  (Column 5, lines 63-66.)                    
               The examiner admits that Schappert does not teach component            
          (c), i.e. the ground vulcanized rubber particles, as recited in             
          appealed claim 1.  (Answer, page 3.)  In an attempt to account              
          for this difference, the examiner relies on the teachings of                
          Magnani and Sugimori.                                                       
               Magnani teaches a sound absorbing coating, which is                    
          particularly suitable for coating the structural parts of motor             
          vehicle bodies, containing a resin such as an epoxide resin, an             
          organic carrier, and a filler in the form of particles of                   
          natural gum or synthetic rubber having a particle size between              
          100 and 1,500 microns (e.g., pulverized used tires).  (Page 2,              
          right column.)                                                              
               Sugimori discloses a curable epoxy resin composition                   
          comprising an epoxy resin and vulcanized rubber particles having            
          a particle size of 0.5 to 30 microns, which are obtained by                 

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