Ex parte SIMMLER et al. - Page 4




              Appeal No. 1998-1754                                                                                         
              Application 08/555,918                                                                                       



                     We also find that Dales involves an aqueous dispersion of neoprene, having soluble                    
              abietates and soluble hydroabietates as dispersing agents, stabilized with ammonia (or its                   
              equivalent).  This aqueous dispersion may be gelled by contact with boric acid, to form a                    
              mold.  See column 1, lines 30-36 and column 4, lines 25-49 of Dales.  Neoprene is defined                    
              in Dales as a “polymerized 2-chloro-1,3-butadiene” (column 1, lines 19-20).                                  
                     On the other hand, we find that Henry involves an aqueous dispersion of a mixture of                  
              a polymer of ethylene and an elastomeric polymer of at least one monomer that can be                         
              chloroprene.  See column 2, lines 3-44, column 3, lines 10-68, and column 4, lines 1-68.                     
              Thickening agents can also be employed.  See column 11, lines 66-68, column 12, lines 1-                     
              20.                                                                                                          
                     The composition of Henry therefore differs from the composition of Dales.                             
              Moreover, Henry concerns use of a laminating adhesive in the manufacture of laminates,                       
              while Dales concerns formation of a molded product.                                                          
                     Yet, the examiner believes that the combination of Henry in view of Dales is “proper                  
              and tenable”. (Answer, page 7).  We cannot agree, given the disparate subject matter of                      
              each of these references.                                                                                    














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