Appeal No. 2005-2005
Application 10/273,845
has a tensile strength from 10 to 50 MPa, the fillers must meet
that strength limitation (EA15).2 There is no showing by the
examiner that all expanded PVC has the same properties and, thus,
the examiner may not properly rely on inherency. For this
additional reason, the rejection of claims 1 and 16, and
dependent claims 2, 4, 5, 7, 9, 12, 17, 18, 23, and 25 is
reversed.
Obviousness
The examiner has not relied upon Kennedy, Dougherty, and
Leuchs to overcome the deficiencies of Hayashi with respect to
independent claims 1 and 16. Thus, the obviousness rejections of
claims 3, 6, 8, 10, 11, 13-15, 19-22, and 24 are reversed.
New ground of rejection under 37 CFR § 41.50(b)
2 Appellants seem to acknowledge that the tensile strength
of the filler 7 in Hayashi is about 2 MPa, which is less than the
claimed 10 to 50 MPa; i.e., "[the filler 7] has a bending stress
(which is comparable with tensile strength) of 2Ns (Newtons)
which corresponds to 2 MPa" (Br7; RBr7). Actually, a Newton (N)
is a measure of force while a pascal (Pa) is a measure of
pressure, where: 1 Pa = 1 N/m2. The prefix Mega is represented
by symbol M, and stands for 1,000,000, so 1 MPa = 1 megapascal =
106 N/m2 = 145 pound/in2. Thus, assuming the units in Hayashi are
N/m2, 2 Ns = 2(10-6) MPa which is not close to 10 to 50 MPa.
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