Appeal 2007-1067
Application 10/108,793
Atti compression is less than or equal to about 1143(COR)-688 and the COR
is between about 0.06 about 0.74.
The Examiner relies on the following prior art references as evidence
in rejecting the appealed claims:
Hagman US 5,567,772 Oct. 22 1996
Hagman US 5,691,418 Nov. 25, 1997
Chen WO 98/46671 Oct. 22, 1998
Hayashi US 2001/0018375 A1 Aug. 30, 2001
Claims 1-4, 6, 10-14, and 20-28 stand rejected under 35 U.S.C. §
102(b) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as
obvious over Hagman ‘418. Claims 1-4, 6 and 10 stand rejected under 35
U.S.C. § 102(b) as anticipated by or, in the alternative, under 35 U.S.C. §
103(a) as obvious over Hagman ‘772. Claims 1-4, 6, 10-14, and 20-28 stand
rejected under 35 U.S.C. § 102(b) as anticipated by or, in the alternative,
under 35 U.S.C. § 103(a) as obvious over Chen (WO 98/46671). Claim 6
stands rejected under 35 U.S.C. § 102(e) as anticipated by or, in the
alternative, under 35 U.S.C. § 103(a) as obvious over Hayashi.
A significant issue with respect to the propriety of the Examiner’s
prior art rejections relates to claimed polymer properties (particular Atti
compression and Coefficient of Restitution values). The applied prior art
references are alleged to describe or suggest polymers that possess these
claimed properties by the Examiner. Appellant, on the other hand,
maintains, inter alia, that the applied prior art misses the mark with respect
to these claimed polymer characteristics.
Thus, in order to resolve the anticipation and obviousness issues
raised by the Examiner’s rejections and Appellant’s arguments, the scope of
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