Ex Parte Harvey et al - Page 2




                 Appeal No. 2005-1469                                                                                  Page 2                     
                 Application No. 10/463,751                                                                                                       

                                                              BACKGROUND                                                                          
                         The Appellants’ invention relates to an elastomeric composition that is curable                                          
                 into a rocket motor insulation.  Prior to curing, the elastomeric composition includes at                                        
                 least one organic polymer, at least one curative, and hydrophilic filler particles that are                                      
                 coated with a hydrophobization agent.  (Specification, paragraph [0014]).  According to                                          
                 Appellants, the coated hydrophilic filler particles provides good insulating and                                                 
                 mechanical properties to the elastomeric composition. (Brief, p. 3).  Claim 1 which is                                           
                 representative of Applicants’ invention is reproduced below:                                                                     
                         1.  An elastomeric rocket motor insulation comprising, in a pre-cured state,                                             
                         at least the following ingredients:                                                                                      
                         at least one organic polymer curable into an elastomer;                                                                  
                         at least one peroxide curative;                                                                                          
                         at least one curative coagent comprising a polyfunctional metal salt for                                                 
                         forming organometallic cross-link bonds; and                                                                             
                         a filler comprising at least one member selected from the group consisting                                               
                         of silica particles and silicate particles, the filler being treated with at least                                       
                         one hydrophobic surface agent.                                                                                           

                                                            CITED PRIOR ART                                                                       
                         As evidence of unpatentability, the Examiner relies on the following references:1                                        

                 Cohen et al (Cohen)                        5,780,538                         Jul. 14, 1998                                       
                 Fujii et al  (Fujii )                      6,489,385                         Dec. 03, 2002                                       



                         1The Examiner included the Geil et al. U.S. patent 3,564,303 in the list of applied references.                          
                 (Answer, p. 3).  However, this reference does not appear in the appealed rejections.                                             







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