Appeal No. 96-2407
Application 08/072,210
discloses Cariflex styrene-butadiene rubbers. Cariflex
is a trade name which, in case of styrene-butadiene
rubbers, stands for triblock S-B-S copolymers with
various styrene/butadiene ratio[s]. Choise [sic,
Choice] of S-B-S rubbers with higher S/B ratio (40% and
above) would have been obvious for an ordinary artisan if
the end product (such as a toy) with resinous properties
(rather than elastomeric properties) is desired. Cha
explicitly states that the rubber used in his
invention should be present in particles of less than 0.5
mm (500 micron[s]).
Applicants’ response filed February 28, 1994 (Paper No. 8, p.
2) did not deny the examiner’s allegation that Cariflex is a
styrene-butadiene block copolymer. Accordingly, we find that2
Cha’s styrene-butadiene rubber is a styrene-butadiene block
copolymer. However, the examiner acknowledged that Cha does
not teach that the styrene blocks of his preferred styrene
butadiene block copolymers (Cariflex) comprise “at least 40%
by weight” of the block copolymer as is required by the method
appellants claim. Nevertheless, the examiner argues that Cha3
2 This application appears to be assigned to Shell Oil
Company. We presume that the assignee of the present
application
is well able to deny the truth of the examiner’s allegations
with regard to Cariflex, a product manufactured by Shell
Chemical Co..
3 If Cariflex is the tradename of a styrene-butadiene
block copolymer whose styrene blocks may comprise “at least
40% by weight” of the block copolymer, we presume that
appellants would have disclosed that material information to
the examiner in accordance with 37 CFR § 1.56.
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