Appeal No. 96-0596
Application No. 08/069,887
pendant acid...groups” (brief, pages 3 and 6, and answer,3
pages 5-6).
The examiner concludes that “it would have been obvious
to one of ordinary skill in the art to modify Woodhams
by...using different weight percents since each of the
components of the instant invention are disclosed in
Woodhams.” (final rejection dated July 1, 1994, Paper No. 9,
page 5). The examiner also maintains the position that “the
terminally acid functionalized polyolefins of Woodhams are
equivalent to the pendent acid functionalized polyolefins of
the instant invention.” (answer, page 5) and “it would have
been obvious to one of ordinary skill in the art to modify
Woodhams by changing the location of the acid group on the
polyolefin” (final rejection dated July 1, 1994, Paper No. 9,
page 5, and the answer, page 6). We disagree.
“[T]he examiner bears the initial burden, on review of
the prior art or on any other ground, of presenting a prima
3Terminal acid groups are acid groups attached to the end
(or terminal) of the polyolefin backbone while pendant acid
groups are attached to the interior of the polyolefin backbone
(see “BP performance polymers,” Polybond® Product Bulletin,
©BP Performance Polymers Inc., Hackettstown, New Jersey, June
1986, copy of record in parent Application No. 07/660,296).
5
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