Ex Parte Kobe et al - Page 3



          Appeal No. 2005-2652                                                             
          Application No. 10/066,990                                                       

          additives can be chosen from a laundry list of conventional                      
          additives and are added to the foam or adhesive to obtain the                    
          desired end properties.  See, e.g., the specification, pages 12                  
          and 18.  Details of the appealed subject matter are recited in                   
          representative claims 1, 13 and 232 and a copy of these claims is                
          appended to this decision.                                                       
                                  PRIOR ART REFERENCES                                     
                The prior art references relied upon by the examiner in                    
          support of the Section 103 rejection before us are:                              
          Bonk et al. (Bonk)   4,751,269   Jun. 14, 1988                                   
          Parsons et al. (Parsons)  5,851,663   Dec. 22, 1998                              
                                                                                          
                2 According to the appellants (the Brief, page 11), “[f]or                 
          purposes of this appeal, the appealed claims will stand or fall                  
          together.”  Consistent with this position, the appellants have not               
          separately argued the patentability of the invention defined by the              
          individual claims on appeal.  See the Brief in its entirety.                     
          Therefore, for purposes of this appeal, we select claims 1, 13 and 23            
          as representative of the claims on appeal subjected to the different             
          grounds of rejection set forth in the Answer and decide the propriety            
          of the examiner’s rejections set forth in the Answer based on these              
          claims alone consistent with 37 CFR § 1.192(c)(7) (2003) and 37 CFR              
          § 41.37(c)(1)(vii)(2004).                                                        








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