Appeal No. 2006-0480
Application No. 10/318,260
rubber or the like to obtain organic short fiber-reinforced
polymer, which can be kneaded into the cover base material” (col.
5, lines 53-55). The disclosed polymers include silicone rubber
(col. 5, lines 58-63).
The examiner argues that “Takemura et al. notes that the
silicone rubber is premixed with an organic short fiber, therefore,
it is submitted that the silicone rubber has a particle size of 5
to 1000μm (See Column 5, lines 25 through 67 and Column 6, lines 1
through 4)” (answer, page 5). The relied-upon portion of Takemura
discloses that the organic short fibers have a length of 5-1000 μm,
but does not disclose that the silicone rubber is in powder form.
The examiner argues (answer, page 7):
Takemura et al. discloses the organic fibers being
premixed with a silicone rubber. The organic fibers are
of the same size as that of the particles claimed by the
applicant, thus making the fibers inherently powder. In
summary, Takemura et al. teaches a premixed silicone
powder having a particle size of 5 to 1000μm. The word
“powder” is a term in which is further defined by the
size of the particle. Takemura et al. does not have to
explicitly state “powder” in order to meet the claim
limitation. Furthermore, it should be noted that the
claim does not require the silicone powder to be purely
silicone rubber powder.
The examiner apparently assumes that Takemura’s disclosure that 5-
1000μm organic short fibers are blended with silicon rubber
indicates that the silicon rubber is in the form of particles
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