Appeal No. 95-3464
Application 08/075,857
4). This argument is not well taken because it does not
account for the differences in the properties of appellants’
product and that of Asanuma. Appellants’ product is a
crosslinked polyolefin having improved heat resistance and
mechanical strength (specification, page 3, lines 16-20),
whereas Asanuma’s product is a sheet or film which adheres
well to other layers (col. 5, lines 11-26), or is a shaped
object to which coating material adheres well (col. 2, lines
20-23; col. 5, lines 31-34). The examiner has provided no
evidence which shows that a product which is crosslinked to
the extent of appellants’ product would have the adhesion
properties desired by Asanuma.
For the above reasons, we find that the examiner has not
set forth a factual basis which is sufficient to support a
conclusion of obviousness of the subject matter recited in any
of appellants’ claims.
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