Appeal No. 1996-2112
Application 08/210,217
improved properties for the mixture compared to the use of just a
linear copolymer or just a radial copolymer. In particular, the radial
copolymers give superior visco-elastic properties [Barlow, col. 2,
lines 39-43].
However, the radial copolymers to which Barlow is referring, and which are said to give the
superior properties, are not styrene-diene di-block copolymers (component (C)) and radial
styriene-butadiene block copolymers (component (A)) as required by the claims but,
rather, they are polystyrene-polyisoprene-polystyrene tri-block copolymers. Thus, at best,
Barlow suggests that the use of radial styrene-isoprene tri-block copolymers (claim
component (B)) give superior properties in an adhesive. Contrary to the examiner’s
argument, we do not find that Barlow teaches or suggests the claimed composition which
requires a polymer mixture comprising (i) a radial styrene-butadiene block copolymer, (ii)
a styrene-isoprene block copolymer selected from the group consisting of linear and radial
copolymers, and (iii) a styrene-diene di-block copolymer. Accordingly, the rejection is
reversed.
III.
The examiner contends that the claimed invention would have been obvious to one
of ordinary skill in the art in view of the teachings of Algrim and Barlow. Algrim discloses
an asphalt-based adhesive which comprises linear tri-block copolymers such as styrene-
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