Appeal No. 1996-2004
Application No. 08/225,889
With respect to the examiner’s holding of obviousness of
the herein claimed subject matter, the examiner argues that it
would have been obvious to a person of ordinary skill in this
art to employ Schrader’s plastic, rod-form composition (which
may be composed of a mixture of a high molecular weight
polyisobutylene and a wax component) in place of “the
corresponding, analogous rod-form composition” used in the
method of Pletcher in view of the teaching of Mueller-Cunradi
that blends such as disclosed in Schrader are known to possess
“adhesive properties/affinity for various substrate
materials.” See the answer at page 6.
Initially, we question whether the alleged teachings of
Schrader (as construed by Mueller-Cunradi) that Schrader’s
compositions have known “adhesive properties/affinity for
various substrates” constitute an adequate reason or
suggestion that would have led one of ordinary skill in this
art to have used Schrader’s compositions as an adhesive in
Pletcher’s process. In any event, even if one of ordinary
skill in this art had been motivated to make the examiner’s
proposed modification of Pletcher’s process, one does not
arrive at the herein claimed method which requires, inter
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