Appeal No. 96-1795
Application No. 08/262,745
achieve an average molecular weight. At most, the examiner
has shown that a higher M fraction may contain some amount of
w
a lower M fraction. However, the examiner has not shown that
w
the higher molecular weight SAN fraction of Eichenauer I, II,
or Cincera will necessarily contain the specific amounts and
average molecular weights recited for the lower average
molecular weight fractions of appealed claim 1. Even assuming
the examiner’s argument of inherency is correct, the examiner
has not shown or explained why Cincera meets the limitation of
appealed claim 1 that “the 0.1 to 10 parts by weight of
component C) is in addition to any thermoplastic copolymers or
terpolymers having an average molecular weight (M ) in the
w
range from 1,500 to 6,000 that may be present in components A)
and B).” (Emphasis added, see the Answer, page 9).
For the foregoing reasons, the rejections under § 102(b)
over Cincera and under § 102(e) over Eichenauer I or II are
reversed.
B. The Rejections under § 103
As noted by the examiner on page 6 of the Answer, Cincera
discloses components A), B) and D) as recited in appealed
6
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Last modified: November 3, 2007