Appeal No. 95-2011
Application No. 07/959,011
surrounded by a graft polymerized rubber layer, and
optionally encapsulated with a graft polymerized
rigid outer layer. [Emphasis added.]
Thus, it would appear from appellants’ characterization of the
teachings of U.S. Patent No. 3,661,994 that the graft polymer
disclosed therein forms a shell around a separate polymeric
core to produce a core-shell polymer as claimed by appellants.
Accordingly, we agree with appellants that Ting is
directed to a different product than the claimed invention
(Brief, p. 3):
[The Ting product] does not comprise a core-shell
polymer where epoxy resin is present in the core
polymer which is encapsulated with a shell polymer,
disclosed therein i.e., the shell is formed on the
core polymer which contains the epoxy component. In
Ting, the epoxy is not in a core as in the core-
shell containing product of this invention but is
rather dispersed or mixed throughout the
composition.
See In re Oetiker, 977 F.2d 1143, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992) (the examiner bears the initial burden of
presenting a prima facie case of unpatentability).
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