Appeal No. 94-4034
Application No. 07/804,160
correctly noted by the examiner at page 4 of the Answer, Kosaka
teaches that thermoplastic block elastomers (impact modifier),
such as a mixture of styrene-conjugated diolefin block
copolymers, can be employed in the polymer composition. See
Kosaka, column 3, lines 16-39. Thus, we agree with the examiner
that Kosaka and Abe as a whole would have rendered the claimed
subject matter prima facie obvious to one of ordinary skill in
the art within the meaning of 35 U.S.C. § 103.
Even were we to accept appellants’ argument that the Kosaka
reference describes employing only one of the listed styrene-
conjugated diolefin block copolymers in the polymer composition,
our conclusion would not be altered. In the first place, it
would have been prima facie obvious to combine two styrene-
conjugated diolefin block copolymers, each of which is taught by
the Kosaka reference to be useful for the same purpose, in order
to form a composition which is to be used for the very same
purpose. See In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069,
1072 (CCPA 1980). In the second place, it would have been prima
facie obvious to employ the block elastomers of the type
described by the Kosaka reference either individually or in
combination since the examiner states at page 4 of the Answer
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