Appeal No. 1996-3931
Application No. 08/198,336
polymer component of appellants’ adhesive is -15 to +15°C.
Accordingly, the examiner’s factual finding that the Weist
polymer which has a T of -20°C “[i]s within the scope” of the
g
claimed polymeric component is clearly erroneous. See the
answer at page 5. Further, although the examiner
alternatively contends that the T s of the claimed and prior
g
art poylmers are “very close” (answer, page 3), the examiner
points to no reason, suggestion, or teaching in the Weist
reference that would have motivated a person of ordinary skill
in the art to utilize a polymer having a T in the range
g
required by the polymeric component of the appealed claims.
Thus, a prima facie case of obviousness has not been
established for the subject matter defined by the appealed
claims. Accordingly, the decision of the examiner is
reversed.
OTHER ISSUES
Before taking any further action in this application, the
examiner should obtain an English translation for Japanese
Kokai 57 087481 published May 31, 1982 to determine whether
this reference contains anticipating examples of the herein
claimed composition. An abstract of this publication is of
4
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