Appeal No. 1997-3492
Application No. 08/428,994
[sic, the presence] of [a] thiosulfate compound," but
nevertheless concludes:
Use of thiosulfate compound with polymer
(halogenated isolefin-p-alkylstyrene) would be
obvious because Delseth discloses that halogenated
elastomers would be routinely treated with
thiosulfate compounds to form crosslinked elastomers
from crosslinkable compositions. [See Answer, pp. 3-
4.]
Appellants argue (Brief, p. 12):
[T]he incorporation of Delseth et al into Powers et
al fails to support an obviousness rejection. There
is no reason to believe that rubber/metal adhesion
promoters useful with cis-polyisoprene rubber would
be effective in crosslinking p-methyl-styrene
copolymers.
We agree. See In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d 1443, 1444 (Fed. Cir. 1992) (the examiner bears the
initial burden of presenting a prima facie case of
unpatentability). Therefore, for this reason, the rejection
of claims 1, 2, 4-7 and 15-25 under 35 U.S.C. § 103 as being
unpatentable over Powers with Delseth is also reversed.
REVERSED
Edward C. Kimlin )
Administrative Patent Judge )
)
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