Ex parte DOUGHERTY - Page 2




               Appeal No. 96-3938                                                                                                      
               Application No. 08/288,861                                                                                              

                       This is a decision on an appeal from the final rejection                                                        
               of claims 10 through 25 which are all of the claims remaining                                                           
               in the application.2                                                                                                    
                       The subject matter on appeal relates to an adhesive                                                             
               composition comprising a block copolymer having at least two                                                            
               polymer blocks which comprise a vinyl aromatic hydrocarbon and                                                          
               at least one polymer block comprising a conjugated diene and                                                            
               comprises a vinyl aromatic hydrocarbon content of 25% to 60%                                                            
               by weight and a vinyl content of the conjugated diene portion                                                           
               of 30% to 70%.  Additionally, the relationship between the                                                              
               aforementioned contents must satisfy a certain claim formula.                                                           
               This appealed subject matter is adequately illustrated by                                                               
               independent claim 10, a copy of which taken from the                                                                    
               appellant’s brief is appended to this decision.                                                                         
                       The references relied upon by the examiner as evidence of                                                       
               obviousness are:                                                                                                        
               Minamizaki et al.                       4,699,938                               Oct. 13, 1987                           
               (Minamizaki)                                                                                                            

                       2Notwithstanding certain conflicting language therein,                                                          
               the last paragraph on page 1 of the appellant’s brief is                                                                
               interpreted by this panel of the Board as reflecting that the                                                           
               appellant is advancing claims 10 through 25 on this appeal but                                                          
               concedes the propriety of the examiner’s section 112, second                                                            
               paragraph, rejection of claim 20.                                                                                       
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