Appeal No. 96-2407
Application 08/072,210
reasonably would have suggested to persons having ordinary
skill in the art that the styrene block of the styrene
butadiene block copolymers suitable for use in the process he
describes may comprise “at least 40% by weight” of the block
copolymer. We find that the examiner’s argument has no
factual basis. We fail to see how persons having ordinary
skill in the art would have been led by Cha’s disclosure to
make toys without elastomeric properties when Cha’s invention
is a method for making “sticky,” elastomeric toys. See Cha’s
Claim 1.
Appellants have continuously argued, and the examiner has not
denied, that “sticky,” elastomeric styrene-butadiene rubbers
would have a low styrene content.
Next, appellants point to the fact that Cha adds oil to
rubber “heated to approximately 40 to 70 C., and mixed for 10O O
to 20 minutes. The heating and mixing steps are important to
ensure that the oil is blended with the rubber and becomes
absorbed by the rubber” (Cha, col. 2, l. 34-39). According to
the method appellants' claim, the block copolymer particles
are to be dispersed “in an oil at room temperature” (Claim 9).
Cha appears to teach away from room temperature dispersion.
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