Appeal No. 1997-0833
Application No. 08/363,438
a vinyl content of at least 3 % by weight,
(b) a solid tackifying resin, and
(c) a plasticizer,
wherein the block copolymer has been cross-
linked without the use of a curing accelerator
through its vinyl groups by means of a reaction,
in the presence of a crosslinking catalyst, with
an organohydrogenpolysiloxane crosslinking agent
which contains at least two hydrogen atoms which
are directly bonded to a silicon atom, and wherein
the plasticizer is present in an amount of from 1
to 50 parts by weight per 100 parts by weight of
the block copolymer.
The references of record relied upon by the examiner are:
Blizzard et al. (Blizzard) 4,831,080 May 16, 1989
Huddleston et al. (Huddleston) 4,997,709 Mar. 05, 1991
Miller et al. (Miller) EP 0 443 263 Aug. 28, 1991
Onohara et al. (Onohara) JP 61-60727 Mar. 28, 1986
The appealed claims stand rejected under 35 U.S.C. § 103 as
unpatentable over Blizzard in view of Miller and Onohara.
Additionally, the appealed claims stand rejected under the same
section of the statute over Huddleston in view of Blizzard.
We cannot sustain the stated rejections.
The examiner's "primary reference" to Blizzard relied upon
in the first stated rejection, is cited and discussed in
appellants' specification at pages 3 and 4. Therein, Blizzard is
described as disclosing a composition comprising a pressure
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