Appeal No. 96-0819
Application No. 08/146,696
This appeal was taken from the examiner's decision
rejecting claims 1 through 24, which are all of the claims
remaining in the application.
Claim 1 is representative:
1. A block copolymer elastomer having a number average
molecular weight of at least about 100,000 and comprising
alternating blocks of
(A) a polysiloxane; and
(B) a copolymer of a 1,3-conjugated diene and a monovinyl
aromatic compound. [Emphasis added.]
The reference relied on by the examiner is:
Kendrick et al. (Kendrick) 3,691,257 Sep. 12, 1972
The issue presented for review is whether the examiner
erred in rejecting claims 1 through 24 under 35 U.S.C. § 103
as unpatentable over Kendrick.
DISCUSSION
We shall not sustain this rejection.
Each independent claim on appeal recites a block
copolymer "having a number average molecular weight of at
least about 100,000." In our judgment, the Kendrick reference
is insufficient to support a conclusion of obviousness of
claims containing that limitation.
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