Appeal No. 2004-1133 Application No. 09/796,253 group consisting of a chemical blowing agent, a blowing agent mixture, and microspheres,” as recited in claim 1 on appeal (Brief, page 9). This argument is not well taken since the examiner specifically cites the portion of Masui that discloses such an expanding step, as well as the citation to the portion of Masui teaching the use of chemical foaming (blowing) agents (Answer, paragraph bridging pages 5-6, citing col. 6, ll. 60-64, and col. 3, ll. 42-56, respectively). Appellant argues that Masui discloses a temperature range of 120 to 200°C. but does not disclose that the foamable material should be heated to a series of different increasing temperatures as recited in claim 2 on appeal (Brief, paragraph bridging pages 9- 10). This argument is not well taken since, as noted by the examiner (Answer, page 6), the foamable material of Masui would have to be subjected to a succession of higher temperatures as it was being heated from an initial lower temperature to reach the higher temperature range specified by Masui. We note that claim 2 does not limit or specify the time for heating at each different temperature. For the foregoing reasons and those stated in the Answer, we determine that the examiner has established a prima facie case of obviousness in view of the reference evidence. Based on the 6Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007