Ex parte MITCHELL et al. - Page 8




          Appeal No. 1997-1069                                                        
          Application No. 08/234,959                                                  

               The dispositive question is, therefore, whether it would               
          have been obvious to employ the claimed carrier polymer in the              
          polyolefin grafting process of Furrer.  We answer this                      
          question in the negative.                                                   
               As indicated supra, Furrer describes classes of                        
          polypropylenes, polyethylenes, copolymers and homopolymers as               
          its carrier polymers.  These classes of polymers embrace a                  
          huge number of polymer species.  At least some of the polymer               
          species included in Furrer are shown to have no claimed                     
          functional characteristics as indicated above.  Nor does the                
          examiner refer to any specific teaching in Furrer to show that              
          a person having ordinary skill in the art would have                        
          recognized the importance of using a carrier polymer having                 
          the claimed functional characteristics in a polyolefin                      
          grafting process.  Absent some recognition of the desirability              
          of carrier polymers having the claimed functional                           
          characteristics, one of ordinary skill in the art would not                 
          have been led to select the claimed carrier polymers from                   
          those listed in Furrer.  The motivation or suggestion simply                
          cannot be derived from that which is unknown.  In re Spormann,              
          363 F.2d 444, 448, 150 USPQ 449, 452 (CCPA 1988)("Obviousness               

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