Appeal No. 2003-1705 Page 4 Application No. 09/904,058 Appellant, on the other hand, urges that the different application of the foam sealing material in Quandt would not suggest the formation of a sealing ring that is adapted for a toilet seal from such foam material to an ordinarily skilled artisan. In this regard, appellant asserts that there are numerous factors requiring consideration in selecting a material for the type of gasket here claimed, such as listed on page 6 of the brief, and that the teachings of Quandt do not address those considerations. We find ourselves in agreement with appellant on this record. While the examiner (answer, page 5) is correct that Izzi teaches a sealing gasket that is suitable for a toilet seal environment, the sealing gasket of Izzi is not made of polyethylene foam. The examiner has not reasonably explained how the teachings of Quandt with respect to tank seals made of polyethylene foam coupled with Izzi’s general description of some of the desirable properties of a sealing material for a toilet seal environment would be suggestive of selecting polyethylene foam as the material for the gasket of Izzi with a reasonable expectation of success in so doing. See In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531 (Fed. Cir. 1988). "BothPage: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007