Appeal No. 2006-2811 Page 2
Application No. 09/973,646
The specification of the present application describes a thermoplastic resin
composition comprising an elastomer and tungsten powder. See page 2. The
composition is said to be useful as a substitute for lead in forming articles such as
balance weights. Id.
Discussion
1. Claims
Claims 1, 3-7, 12, 16-19, 22, and 23 are on appeal. Claims 20 and 21 are also
pending but are not rejected. We will focus on claim 1, the broadest claim on appeal,
which reads as follows:
1. A thermoplastic resin composition comprising 2.5 to 15 wt[.]% of a styrene-
based thermoplastic elastomer and 85 to 97.5 wt.% of tungsten powder.
2. Sakaki
The examiner has rejected claims 1, 3-7, 12, 16-19, 22, and 23 under 35 U.S.C.
§ 102(e) as anticipated by Sakaki.1 The examiner argues that Sakaki describes a
composition that anticipates claim 1. Examiner’s Answer, page 3.
Appellants argue that Sakaki is not available as prior art against the present
claims based on two declarations under 37 CFR § 1.132 that “unequivocally state[] that
the named inventors in the present application invented the thermoplastic resin
composition which is used to manufacture one of the elements of the balance weight
claimed in Sakaki.” Appeal Brief, pages 4-5.
Each of the Rule 132 declarations state “that we are the true inventors of the
thermoplastic resin composition containing 2.5 to 8.0% by weight of a thermoplastic
1 Sakaki, U.S. Patent No. 6,364,422 B1, which issued April 2, 2002, from an application filed August 18,
2000.
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