Appeal No. 2005-2652
Application No. 10/066,990
distributed throughout the polymer matrix. At least
one of the microspheres is still expandable so that,
upon the application of heat, it will expand further
without breaking. The articles of Gehlsen can include
a polymer foam with one or more separate adhesive
layers bonded to the foam (col. 2, lines 61-62).
The appellants argue that “Gehlsen does not teach or suggest the
inclusion of fire retardant compositions in the foam layer in
combination with an adhesive layer formulated without fire
retardant.” (emphasis original) See the Brief, page 12. We do
not agree.
As found by the examiner (the Answer, page 7), Gehlsen, like
the appellants, employ various conventional additives, including
fire retardants, in the foam layer to “obtain the desired end
properties.” Compare also Gehlsen, column 8, lines 44-55, with
the specification, page 12, lines 6-15. Gehlsen does not mention
adding fire retardants to the adhesive layer. See Gehlsen in its
entirety. Gehlsen teaches that these foam adhesive articles can
be “useful in a variety of application, including aerospace,
automotive, and medical application. The properties of the
articles are tailored to meet the demands of the desired
application.” See column 1, lines 55-67 and column 11, lines
42-48. In other words, it can be inferred from Gehlsen that the
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