Ex Parte PEIFFER et al - Page 8




          Appeal No. 1997-2837                                       Page 8           
          Application No. 08/377,365                                                  


          to one of ordinary skill in the art based on the combined                   
          teachings of Bothe and Peiffer.                                             
               Appellants’ arguments with regard to the prior art use of              
          migratory additives in the core and top layer are not persuasive            
          for the reasons set forth by the examiner in the answer and for             
          the additional reason that the herein claimed invention does not            
          exclude such additives in the core and top (outer) layers of the            
          final product as explained above.  We note that appellants have             
          not advanced a particularized argument based on a detailed                  
          showing establishing unexpected results co-extensive with the               
          scope of the claimed subject matter.                                        


                            Rejection of Claims 8 and 12                              
               With respect to the examiner’s § 103 rejection of claims               
          8 and 12, appellants do not contend that the additionally applied           
          Murschall and Schuhmann references in combination with Bothe and            
          Peiffer would not have rendered the additional limitations of               
          those claims obvious to one of ordinary skill in the art. See               














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