Ex parte EICHENAUER et al. - Page 9




          Appeal No. 96-1795                                                          
          Application No. 08/262,745                                                  


          noted that appellants have not submitted any showing of                     
          comparative results.                                                        
               The examiner also relies upon combinations of Lausberg                 
          and Kodama with Eichenauer I or II.  The examiner applies                   
          Lausberg for the disclosure of methylstyrene/AN copolymer, ABS              
          (acrylonitrile/butadiene/styrene) and polyurethane while                    
          Kodama is directed to methylstyrene/AN copolymer, ABS and                   
          polyesters (Answer, page 4).  The examiner admits that                      
          Lausberg and Kodama do not disclose the molecular weight                    
          distribution of the SAN copolymer as recited in the claims on               
          appeal but concludes that it would have been obvious to the                 
          artisan to use the trimodal molecular weight distribution of                
          Eichenauer I or II in the blend of Kodama or Lausberg to                    
          achieve the advantageous properties taught by Eichenauer I or               
          II (Id.).                                                                   
               Appellants argue that there is no teaching or suggestion               
          in any of the cited references that would lead an artisan to                
          combine the teachings of Eichenauer I or II with the teachings              
          of Lausberg of Kodama in the manner suggested by the examiner               
          (Brief, pages 11-13).  Appellants’ arguments are not well                   
          taken for the reason set forth by the examiner on pages 4 and               
                                          9                                           





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