Appeal No. 1997-4356
Application No. 08/458,628
composition which incorporates a first vinyl chloride polymer
component and a cross-linked swellable second polymer component
which is based on the same monomeric constituents as instantly
claimed." (page 3 of answer). The examiner notes that the second
polymeric component of Japanese '828 "is a polymethyl methacry-
late which is specifically preferred by appellants" (page 3 of
answer). Appellants also do not take issue with the examiner's
legal conclusion that the presently claimed average particle size
of less than about 60 microns would have been obvious to one of
ordinary skill in the art. Rather, the principal argument
advanced by appellants is that the amount of plasticizer employed
in the Japanese composition is "less than the amount employed in
the present composition" (page 8 of brief). According, to
appellants, since Japanese '828 is only concerned with forming
polymeric sheets, "there exists no motivation on the part of one
having ordinary skill in the art to wish to increase the amount
of plasticizer employed in the Japanese reference" (page 8 of
brief). It is appellants' contention that the Japanese reference
"clearly teaches away from an increase in plasticizer content
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