Appeal No. 96-2945
Application No. 08/263,163
least on its face, anticipates the invention claimed
here.
Also, although Chin is silent regarding the claimed properties
of shear adhesion failure temperature and slump temperature,
we agree with the examiner that inasmuch as Chin discloses the
presently claimed hydrogenated block copolymer, it necessarily
follows that the Chin block copolymer would exhibit the
claimed shear adhesion failure temperature and slump
temperature. In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655,
1658 (Fed. Cir. 1990); In re Best, 562 F.2d 1252, 1255, 195
USPQ 430, 433 (CCPA 1977). We note that appellants have
proffered no objective evidence that rebuts the reasonable
conclusion that the hydrogenated block copolymers described by
Chin possess the claimed properties.
We will also sustain the examiner's rejection of claims
1-4 under § 103 over Chin and, for the reasons expressed by
the examiner, we find that the Southwick Declaration is not of
sufficient probative value to rebut the inference of
obviousness.
We now turn to the rejection of claims 5 and 6 over the
combined teachings of Asahi and the Encyclopedia of Polymer
Science and Engineering. Like appellants, Asahi discloses an
-5-
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