Appeal No. 1997-0581
Application No. 08/168,549
12. The process according to Claim 1 wherein said
pressure is about 75 to 200 psig.
13. The process according to Claim 1 wherein said grafted
polyolefin is grafted with maleic anhydride to greater than 5
weight percent to an acid number greater than 28.
As evidence of obviousness, the examiner relies on the
following prior art:
Knowles et al. (Knowles) 3,642,722 Feb.
15, 1972 Skidmore 3,742,093
Jun. 26, 19732
Stuart, Jr. et al. (Stuart) 4,719,260 Jan. 12,
1988
Strait et al. (Strait) 4,762,890 Aug. 9,
1988
Kelusky 5,137,975 Aug. 11,
1992
The appealed claims stand rejected as follows : 3
(1) Claims 1 through 13 under the judicially created doctrine
of obviousness-type double patenting as unpatentable over
claims 1 through 13 of copending Application 08/168,560;
(2) Claims 1 through 12 under 35 U.S.C. § 103 as unpatentable
over the disclosure of Strait or Kelusky; and
2According to the examiner (Answer, page 3), Skidmore is
part of the Kelusky disclosure. It is cited to explain the
content of the Kelusky reference. Id.
3The examiner withdrew all of the § 103 rejections based
on Toyoshima or Olivier, as well as the § 112 rejection, in
the final Office action. See Answer, page 2.
3
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