Ex Parte Beckmann - Page 6




          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                

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