Appeal No. 2005-2005
Application 10/273,845
material (spec. at 3). One of ordinary skill in the art would
have appreciated that the flexural modulus of the material is a
result effective variable depending on the usage and determining
the optimum values of result effective variables is ordinarily
within the skill of the art. See In re Boesch, 617 F.2d 272,
205 USPQ 215 (CCPA 1980). In this case, one skilled in the art
would have known to select a material with a lower flexural
modulus if impact resistance was not needed, such as for coating
of wires to resist modest compression loads as in the background
of WO 98/52197 (pages 3-6). Moreover, it is not clear how far
different the material is in WO 98/52197 because if the flexural
modulus before expansion E1 is 200 MPa and the material is
expanded 100%, so that the expanded density D2 is one-half the
nonexpanded density D1, the modulus after expansion E2 = E1(D2/D1)2
= 200(.5)2 = 50 MPa (equation at bottom of page 18). Thus, the
limitation of a "tensile strength between 10.0 MPa and 50.0 MPa"
seems prima facie obvious.
We leave it to the examiner to address the merits of the
dependent claims. Some of the relevant teachings have been noted
above.
CONCLUSION
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