Appeal No. 1997-1069
Application No. 08/234,959
its carrier polymer has the claimed functional
characteristics, i.e., "undergoing chain scission in
preference to cross-linking in the presence of the organic
peroxide at said temperature." See the Answer, page 3.
Referring to page 3 of the Office action dated May 24, 1995
(Paper No. 6) and page 4 of the specification, however, the
examiner asserts that at least some of the carrier polymers
listed in Furrer have the claimed characteristics. In other
words, the examiner acknowledges that at least some evidence
in the specification referred in the Office action dated May
24, 1995 evinces that at least some of the carrier polymers
listed in Furrer do not possess the claimed functional
characteristics. See the Answer, page 3, in conjunction with
the specification, pages 7-14 and the Office action dated May
24, 1995, page 3. Moreover, the examiner does not rely on any
specific example in Furrer, which necessarily employs a
carrier polymer having the claimed functional characteristics.
Nevertheless, the examiner takes the position that it would
have been obvious to select those carrier polymers having the
claimed functional characteristics from the carrier polymers
listed in Furrer. See Answer, page 3.
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