Ex parte HOXMEIER - Page 5




          Appeal No. 1996-1284                                                        
          Application No. 08/084,685                                                  


          We note that appellant bases no argument upon objective                     
          evidence of nonobviousness which demonstrates that the claimed              
          diamine produces unexpected results in the random                           
          copolymerization process vis-à-vis the tertiary amines                      
          disclosed by GB '490.  Moreover, appellant acknowledges that                
          Prudence, U.S. Patent No. 4,230,841, evidences that it was                  
          known in the art to use the presently claimed tetramethyl-                  
          ethylenediamine as a modifier in the copolymerization of                    
          butadiene with a vinyl aromatic compound, specifically, a                   
          divinyl aromatic compound (see page 3 of Reply Brief, last                  
          paragraph).                                                                 
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is affirmed.                         
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under                           
          37 CFR § 1.136(a).                                                          
                                      AFFIRMED                                        



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
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