Appeal 2007-2135
Application 10/269,840
sulphur compounds, dithiocarbamate compounds, zinc and its
compounds which are present on and/or in the surfaces of
products formed from the rubber may react with foreign
materials contacted during use of the products, resulting in
contamination, fouling, spoilage or discoloration of the rubber
products or of the materials contacted therewith (either directly
or indirectly).
Accordingly, contrary to the dissenting opinion, the whole tenor of the
Noecker '320 disclosure is to sulfur-free latex compositions. As a
completely separate problem, Noecker ‘320 also desires latex compositions
which are free of other undesirable chemicals, including amines which form
nitrosamines (col. 4, ll. 44-58; col. 5, ll. 7-16; col. 5, ll. 51-55; col. 7, ll. 59-
61; col. 8, ll. 22-26; col. 9, l. 55; and col. 11, ll. 45-56). We determine that
the Examiner has not met the initial burden of presenting a prima facie case
of obviousness. We also determine that the Examiner has not identified any
convincing reason why one of ordinary skill in this art would have
substituted the sulfur vulcanizing agent and amine accelerator taught by
Früh into the sulfur-free, amine-free latex composition in the method
disclosed by Noecker '320. Therefore, we cannot sustain the rejection of
claims 1-9 and 11-34 under § 103 over either Noecker patent in view of
Früh.
With regard to the rejection of claim 10, we determine that the Examiner has
applied McGlothlin for the teaching of using protein-free polyisoprene in the initial
rubber latex composition (Answer 5). Therefore, we determine that McGlothlin
does not remedy the deficiency noted above.
For the foregoing reasons, the decision of the Examiner is reversed.
REVERSED
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