Ex parte BREUER et al. - Page 3




          Appeal No. 96-2407                                                           
          Application 08/072,210                                                       
               is in the range of from 0.1 to 10.                                      
                                      Discussion                                       
               Cha (1) grinds styrene butadiene rubber into particles                  
          having a diameter of less than 500 microns, (2) adds an oil to               
          the particles to form a composition, (3) heats the composition               
          to approximately 40  to 70 C., and (4) mixes the compositionO      O                                                  
          for                                                                          
          adding ester gum, calcium carbonate and a coloring agent to                  
          the composition and injection molding the modified composition               
          so to produce a sticky, rubber-based form.  The composition                  
          prepared by steps (1) to (4) of Cha's method differs from the                
          method appellants claim in a number of aspects.                              
               Cha does not expressly teach that the styrene butadiene                 
          rubber he employs is a styrene butadiene block copolymer.                    
          However, Cha states (Cha, col. 2, lines 10-12), “A                           
          particularly suitable styrene butadiene rubber product is                    
          manufactured by Shell Chemical Co. and sold under the                        
          tradename Cariflex.”  In the first office action mailed                      
          November 17, 1993, the examiner stated (Paper No. 6, p. 3,                   
          para. 1):                                                                    
                    Cha discloses non-toxic compositions containing                    
               styrene-butadiene rubber and . . . oils.  See Col. 2[,]                 
               line[s] 13-18.  As preferred rubber component Cha                       
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