Appeal No. 2005-1469 Page 3
Application No. 10/463,751
Product literature-"Treated Fumed Silica Product Guide" for Cabot Products CAB-O-SIL
treated silica (June, 1999). (CABOT)
The Examiner rejected claims 1-27 under 35 U.S.C. §103(a) as obvious over
Fujii in view of Cohen or CABOT. (Answer, pp. 4-5).
We have carefully reviewed the claims, specification and applied prior art,
including all of the arguments advanced by both the Examiner and Appellants in support
of their respective positions. This review leads us to conclude that the Examiner’s
rejections under 35 U.S.C. 103(a) are not well founded.
Rather than reiterate the conflicting viewpoints advanced by the Examiner and
the Appellants regarding the above-noted rejection, we make reference to Appellants'
Brief filed April 29, 2004, Reply Brief filed July 30, 2004 and the Examiner’s Answer
mailed June 04, 2004.
OPINION
The Examiner has relied on the combination of Fujii and Cohen or CABOT to
reject the appealed claims. The Examiner found Fujii teaches a heat resistant,
vulcanizable nitrile rubber composition containing a peroxide and a metal salt curative
coagent in examples. According to the Examiner, Fujii also teaches the use of
ethylene-propylene-diene monomer (EPDM) rubber. (Answer, pp. 4-5). The Examiner
also recognized that Fujii teaches employing other additives such as silica and silane
coupling agents at col, 6, lines 54-57. (Answer, p. 5). The Examiner recognized that
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