Ex parte WALDROP - Page 2




          Appeal No. 2000-0026                                                        
          Application No. 08/942,054                                                  


               acrylonitrile polymer, and a rubber grafted with at least              
               a methacrylic acid ester of a C  to C  alkanol; and1     8                                 
          (b) at least about 10% by weight organic solvent.                           
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Briggs et al. (Briggs)           4,942,201          Jul. 17, 1990           
          Patel et al. (Patel)             5,252,634          Oct. 12, 1993           
               Appellant's claimed invention is directed to a PVC pipe                
          cement composition comprising the three recited polymeric                   
          components and at least about 10% by weight of an organic                   
          solvent.                                                                    
               Appealed claims 1-9 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Briggs in view of Patel.                         
               We have thoroughly reviewed the respective positions                   
          advanced by appellant and the examiner.  In so doing, we                    
          concur with appellant that the prior art cited by the examiner              
          fails to establish a prima facie case of obviousness for the                
          claimed invention.  Accordingly, we will not sustain the                    
          examiner's rejection.                                                       
               There is general agreement that Briggs discloses                       
          structural adhesive compositions comprising the three                       
          polymeric components recited in paragraph (a) of appealed                   

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