Appeal No. 1997-1069
Application No. 08/234,959
The dispositive question is, therefore, whether it would
have been obvious to employ the claimed carrier polymer in the
polyolefin grafting process of Furrer. We answer this
question in the negative.
As indicated supra, Furrer describes classes of
polypropylenes, polyethylenes, copolymers and homopolymers as
its carrier polymers. These classes of polymers embrace a
huge number of polymer species. At least some of the polymer
species included in Furrer are shown to have no claimed
functional characteristics as indicated above. Nor does the
examiner refer to any specific teaching in Furrer to show that
a person having ordinary skill in the art would have
recognized the importance of using a carrier polymer having
the claimed functional characteristics in a polyolefin
grafting process. Absent some recognition of the desirability
of carrier polymers having the claimed functional
characteristics, one of ordinary skill in the art would not
have been led to select the claimed carrier polymers from
those listed in Furrer. The motivation or suggestion simply
cannot be derived from that which is unknown. In re Spormann,
363 F.2d 444, 448, 150 USPQ 449, 452 (CCPA 1988)("Obviousness
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