Appeal No. 2006-2484 Παγε 5
Application No. 10/837,337
The fillers of DeMoss are selected from fillers useful in
aerospace applications including, inter alia, carbon black. See,
e.g., column 6, lines 37-61 and column 8, lines 3-35 of DeMoss.
DeMoss (column 9, lines 43-52) teaches a sealant formulation
disclosed therein can be used for aerospace sealing applications
and for encapsulating electrical and electronic components.
Given the above commonalities between the claimed
composition and that of DeMoss and for reason set forth in the
answer, we agree with the examiner that aerospace sealant
composition(s) taught or suggested by DeMoss would have obviously
been expected to have EMI/RFI radiation shielding properties
corresponding to the requirements of representative claim 1.
When the appellants’ product and that of the prior art appear to
be substantially identical, the burden shifts to appellants to
composition as the sulfur-containing polymer. Moreover,
appellants (paragraph bridging pages 11 and 12 of their
specification) disclose that carbon black is a known useful
electrically conductive filler for their composition.
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