Ex Parte MULLER - Page 5




               Appeal No. 2001-2235                                                                       Page 5                
               Application No. 08/699,660                                                                                       

                      Knowlton ‘610 describes a process of sealing a bore by placing a fastener over a pellet on                
               a conveyor belt and heating to cause expansion of the pellet against the walls of the bore of the                
               fastener (Knowlton ‘610 at col. 1, l. 62 to col. 2, l. 10).  To be “heat softenable and plastically              
               deformable,” a material must become softer when heated such that it can be reshaped without                      
               rupture.  Knowlton ‘610 employs a sealing element made from a thermo-expansible material                         
               such as foam vinyl tape or epoxy (Knowlton ‘610 at col. 2, ll. 11-16).  Epoxies are normally                     
               thermosetting polymers.  Thermosetting polymers do not soften upon heating.  Nor is it clear                     
               what one of ordinary skill in the art would have understood “foam vinyl tape” to mean.  While                    
               the Examiner finds that “[t]he pellet may be vinyl foam which can be a thermoplastic polymer”                    
               (Answer at 4), Appellant, on the other hand, states that “a foam vinyl pellet is not thermo-                     
               plastic.” (Brief at 11).  The facts on the record fall short of establishing that one of ordinary skill          
               in the art would have selected a thermoplastic vinyl for use in the foam tape of Knowlton ‘610,                  
               particularly in view of the fact that epoxy is also a suggested material.  Nor can we rely on the                
               fact that claim 2 of Knowlton uses the terminology “foam plastic pellet” (col. 4, ll. 15).  The term             
               “plastic” is often used in the art to refer to thermosetting as well as thermoplastic polymers.  The             
               facts are insufficient to establish that one of ordinary skill in the art would have heated a heat               
               softenable plastically deformable pellet to a heat softened plastically deformable temperature in                
               the process of Knowlton ‘610.                                                                                    
                      To reject claims 1-10, the Examiner combines Villo with Knowlton ‘610.  Villo describes                   
               the formation of a thread lock by bonding a pellet 13 of plastic, such as polyamide, to a minor                  








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007