Appeal No. 1998-2134
Application No. 08/585,217
appealed claims under 35 U.S.C. § 103 for the findings of fact
and conclusions set forth at pages 5 through 22 of the Answer.
We add the following for emphasis and completeness.
At the outset, we note that appellant has grouped the
claims on appeal as follows (Brief, page 6):
Group I - Claims 1 through 9, 11 through 13 and 16; and
Group II - Claim 17.
Therefore, we need only consider the propriety of the
examiner’s § 103 rejections based on claims 1 and 17
consistent with 37 CFR § 1.192(c)(7) (1995).
Appellant does not dispute the examiner’s finding that
both DuPont and Garmong describe a photocurable elastomeric
composition comprising a generic elastomeric block copolymer
binder inclusive of the claimed elastomeric block copolymer
binder, the claimed free-radical-polymerizable compound and
the claimed polymerization initiator. Compare Answer, pages
5-6,
8-9, 12-13 and 19-20 with Brief and Reply Brief in their
entirety. However, both the examiner and appellant agree that
neither DuPont nor Garmong specifically mentions the claimed
6
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