Ex parte YU et al. - Page 4




                 Appeal No. 95-5097                                                                                                                     
                 Application No. 08/072,807                                                                                                             

                 halogenated copolymers of isomonoolefins and alkylstyrene                                                                              
                 (Id.).  Finally, the examiner notes that the “open” language                                                                           
                 of the claims does not preclude the additional monomer                                                                                 
                 disclosed by Yu.3                                                                                                                      
                          Appellants assert that “[t]o be anticipatory a reference                                                                      
                 must clearly and unequivocally disclose the claimed                                                                                    
                 composition without any need for picking, choosing and                                                                                 
                 combining various parts of its disclosure” (Brief, page 6).                                                                            
                 Appellants argue that there is no explicit description                                                                                 
                 directed to the halogenated copolymer component of Yu (Brief,                                                                          
                 pages 9 and 11).  Regarding the “open” language of the claimed                                                                         
                 composition, appellants argue that Yu’s grafted polymer is not                                                                         
                 identical to the halogen-containing copolymer from which Yu                                                                            
                 made the grafted polymer (Brief, page 13).  Appellants submit                                                                          
                 that Yu requires a grafted polymer and the claimed term                                                                                
                 “halogenated copolymer” does not literally or otherwise                                                                                
                 require the presence of a grafted group (Id.).                                                                                         

                          3Yu teaches that the polyamide and polyolefin are blended                                                                     
                 with a grafted polymer derived from reacting Reactant A with                                                                           
                 Reactant B, where Reactant A is the halogenated or non-                                                                                
                 halogenated copolymer of an isomonoolefin and alkylstyrene and                                                                         
                 Reactant B is an unsaturated organic compound such as maleic                                                                           
                 anhydride (see column 1, lines 30-45; column 2, line 20-column                                                                         
                 9, line 63).                                                                                                                           
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