Appeal No. 1997-0282
Application No. 08/423,438
Claim 16, the sole claim on appeal, reads as follows.
16. A moisture curable, isocyanate-capped
hydroxy-functionalized selectively hydrogenated block
copolymer of a vinyl aromatic hydrocarbon and a
conjugated diene.
As evidence of obviousness, the examiner relies on the
following prior art:
Gergen et al. (Gergen) 4,578,429 Mar. 25,
1986
Markevka et al. (Markevka) 4,820,368 Apr. 11,
1989
Claim 16 stands rejected under 35 U.S.C. § 103 as
unpatentable over the combined disclosures of Gergen and
Markevka.
We reverse.
Having reviewed the specification, claim and applied
prior art, including all of the arguments advanced by the
examiner and appellant in support of their positions, we agree
with appellant that the applied prior art as a whole would not
have rendered the claimed subject matter obvious within the
meaning of 35 U.S.C.
§ 103. Our reasons for this determination follow.
The examiner states, and appellant does not dispute, that
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