Ex parte YAMAMOTO - Page 8




          Appeal No. 1997-1161                                                        
          Application 08/487,226                                                      


          copolymer produced from two or more comonomers, or a blend of               
          two or more of these polymers, conventionally used as                       
          jacketing and/or insulating materials in wire and cable                     
          applications” (col. 2, lines 3-7).  The blend could possibly                
          include both a polyolefin polymer and a polyolefin polymer                  
          copolymerized with an anhydride of a vinyl dicarboxylic acid,               
          i.e., maleic anhydride (col. 2, lines 9-25).  However, no such              
          copolymer is disclosed.  In order to arrive at appellant’s                  
          combination of components (a) and (c) in claim 1, one of                    
          ordinary skill in the art would have had to select, from the                
          enormous number of combinations encompassed by Keogh’s                      
          disclosure, a polyolefin/maleic anhydride copolymer and                     
          another polyolefin, which is different from the copolymer, and              
          blend them in the relative amounts recited in appellant’s                   
          claim 1.  The examiner has not explained why Keogh reasonably               
          would have led one of ordinary skill in the art to this                     
          combination.  Accordingly, we reverse the rejection over                    
          Keogh.                                                                      





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