Appeal 2007-0821
Application 10/001,730
The Appellants argue that the appealed claims are patentable because
(1) the prior art contains no teaching or suggestion of providing Nomura
with closed cells as required by the independent claims on appeal and (2) the
independent claim limitation "a fiber length in the range 50 to 900 microns"
renders the claims patentable as shown by declaration evidence of
nonobviousness.
FINDINGS OF FACT
(1) It is undisputed that Nomura discloses a composition for use in
forming structural members (e.g., for an automobile) which comprises glass
fibers in combination with a foamed polymer material of the type here
claimed except that Nomura's cells are air permeable (i.e, open) rather than
closed. It is also undisputed that Nomura discloses a broad fiber length
range of 0.2 to 15 mm. (i.e., 200 to 50,000 microns) which overlaps the here
claimed range of 50 to 900 microns.
(2) Likewise, there is no dispute that Crabtree discloses an acoustical
baffle, for use in an automobile, made of a polymer (i.e., of the type used by
Nomura and recited in claim 1) which has been foamed to produce cells
which are either open or closed cells.
PRINCIPLES OF LAW AND ANALYSIS
As recently stated by the Supreme Court, "[t]he combination of
familiar elements according to known methods is likely to be obvious when
it does no more than yield predictable results." KSR Int'l Co. v. Teleflex,
Inc., 127 S. Ct. 1727, 1739, 82 USPQ2d 1385, 1395 (2007).
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