Ex Parte Burke et al - Page 2

               Appeal 2007-3918                                                                            
               Application 10/203,926                                                                      

                                      STATEMENT OF THE CASE                                                
                      The subject matter on appeal is directed to foam rubbers having                      
               expanded microspheres and methods of making the same (Specification 1-                      
               2).  According to page 7 of the Specification, the microspheres used                        
               “preferably have an unexpanded diameter of 5 to 10 um and an expanded                       
               diameter of between 300 µm to 1000 µm. . . . [at] an expansion temperature                  
               of between 120oC and 180oC . . .”  Tables 1 through 6 show employing 3                      
               parts by weight of commercially available Expancel 092 DU120                                
               microspheres in various rubbers to obtain a void fraction of 35 to 60%                      
               (Specification 5 and 8-10).  The resulting foam rubbers are said to be                      
               “devised primarily for use as acoustic decoupling or insertion loss material                
               for marine applications” (Specification 2 and Br. 7).  Further details of the               
               appealed subject matter are recited in representative claims 1and 13                        
               reproduced below:                                                                           
                      1. A foamed rubber, wherein the foamed rubber has a plurality of                     
               microvoids comprising microspheres incorporated therein, and wherein the                    
               microspheres are expanded during heating and vulcanisation of the rubber                    
               such that the volume fraction of the expanded microspheres is 35-80% in the                 
               foamed rubber, and the microspheres have an expanded diameter of between                    
               400 µm and 1000 µm.                                                                         
                      13. A method of manufacturing a foamed rubber, said method                           
               comprising the steps of:                                                                    
                      (i) providing a rubber;                                                              
                      (ii) incorporating additives;                                                        
                      (iii) adding and mixing expandable microspheres into the rubber                      
                      composition; and                                                                     


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