Appeal No. 2005-0806 Page 8
Application No. 10/179,812
by weight, a stiffness modulus is low and an impact resilience is low, thus
resulting in poor flying performance.
Horiuchi also teaches (column 2, lines 16-18) that it is preferred that the carboxyl-rich
ionomer resin of the present invention has a stiffness modulus of 3,000 to 6,000 Kgf/cm2
which converts to about 42,670 to 85,340 psi.
In addition to the teachings of Nesbitt and Horiuchi, the examiner cited additional
references in the parent application (Application No. 09/121,628) to interpret the
teachings of Nesbitt particularly to those skilled in the art at the relevant time. See
Studiengesellschaft Kohle v. Dart Indus., Inc., 726 F.2d 724, 726-727, 220 USPQ 841,
842-843 (Fed. Cir. 1984). In particular, the examiner cited (answer in parent Application
No. 09/121,628, p. 4) (1) U.S. Patent No. 5,061,757 to Warner for the teaching that type
1855 Surlyn® is a zinc ionomer of an ethylene/acrylic acid copolymer having 10% acid;
(2) U.S. Patent No. 4,187,358 to Kyo et al. for the teaching that type 1855 Surlyn® has
a flex modulus of 640 Kg/cm2 which converts to about 9,000 psi; and (3) U.S. Patent
No. 5,387,470 to Parnell et al. for the teaching that type 1605 Surlyn® is a sodium
ionomer of ethylene/methacrylic acid copolymer having 15% acid.
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