Ex parte DRIESKENS et al. - Page 5




               Appeal No. 1996-2112                                                                                              
               Application 08/210,217                                                                                            



               “statistical interlinking,” and the examiner has not provided any evidence that those skilled                     
               in the art would not agree with this definition, the rejection is reversed.                                       


                                                               II.                                                               
                      The examiner has premised his initial conclusion of obviousness on the teachings                           
               of Mitchell and Barlow.  According to the examiner                                                                
                                     Mitchell discloses adhesive compositions comprising bitumen                                 
                              and two different block copolymers one of which is a tri-block of the                              
                              A-B-A structure and the other is a di-clock [sic, di-block] copolymer of                           
                              the A-B structure.  Among suitable A-B-A block copolymers the                                      
                              patentee lists styrene-isoprene-styrene block copolymer via reference                              
                              to the U.S. 3,978,014 (see col. 3, ln[.] 11-12 of Mitchell and col. 2, ln.                         
                              58-66 of 3,978,014).  . . .  The second copolymer, i.e.[,] the styrene-                            
                              butadiene di-block copolymer disclosed by the patentee completely                                  
                              corresponds to the claimed di-block, and is defined as a copolymer                                 
                              having one styrene block and one elastomeric block that is prepared                                
                              by copolymerization of a conjugated diene with an vinyl aromatic                                   
                              compound.  Specifically claimed random styrene-butadiene                                           
                              elastomeric block would have been obvious from this definition since                               
                              the genus of random diene-vinyl aromatic copolymers is very small                                  
                              and virtually limited to the styrene ( -methyl styrene)-butadiene or                               
                              styrene ( -methyl styrene) - isoprene copolymers, where styrene-                                   
                              butadiene copolymers are the most conventional copolymers.                                         
                              Addition of a star styrene-butadiene (isoprene) block copolymers to                                
                              the bituminous compositions disclosed by Mitchell would have been                                  
                              obvious as per [the] teachings of Barlow.  Barlow discloses that                                   
                              compositions containing [a] combination of styrene-butadiene star-                                 
                              block copolymers and linear styrene-isoprene block copolymers                                      
                              exhibit improved properties in bituminous compositions compared to                                 
                              compositions containing either radial or linear copolymer [sic,                                    
                              copolymers]. . . . It would, therefore, have been obvious to add radial                            

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