Appeal 2007-0124
Application 10/273,836
pending in this application (Br. 1, 3; Answer 2).1 We have jurisdiction
pursuant to 35 U.S.C. § 134.
According to Appellants, the invention is directed to a low application
temperature hot melt adhesive comprising a styrene block copolymer in an
amount from about 10 to about 25 weight % and a wax in an amount of less
than 10 weight % such as to produce the claimed properties of viscosity,
cube flow, DSC crystallization temperature, and storage modulus (Br. 2-3).
Illustrative independent claim 1 is reproduced below:
1. A low application temperature hot melt adhesive comprising a styrene
block copolymer and a wax in an amount effective to produce a viscosity at
120°C of below about 10,000 centipoises, a cube flow at 54°C of less than
about 300%, a DSC crystallization temperature of less than about 75°C, and
a storage modulus of less than about 1.0 x 107 dynes/cm2 at 10 rads/sec
(25°C), wherein the styrene block copolymer is present in amounts of from
about 10 to about 25 wt % and said effective amount of wax is less than
10 wt %.
The Examiner relies on the following reference:
Ryan US 5,387,623 Feb. 7, 1995
The Examiner has relied on Ryan, US 5,387,623, issued Feb. 7, 1995,
as the sole evidence in support of unpatentability of the appealed claims
(Answer 3, ¶ (8)). Appellants rely on Malcolm, US 5,024,667, issued
1 As correctly noted by the Examiner (Answer 2, ¶ (3) and (6)), Appellants
inadvertently state that claims 1, 3, 21, and 30-32 stand finally rejected
under § 103(a) over Ryan (Br. 2, ¶ III, and 3 (heading “A” under
“Argument”)). However, Appellants clearly state the correct claims on
appeal and involved in the sole rejection on appeal (Br. 1, 3).
2
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