Appeal No. 1999-0268
Application No. 08/650,608
examiner does not provide a separate rationale in support of
the obviousness rejection.
Sakazume, however, teaches that the multi-phase structure
is blended with the other components of the composition by
melting and mixing (col. 3, line 45 - col. 4, line 10; col.
11, lines 1-48; col. 13, line 50 - col. 14, line 2), whereas
the appellants’ claims require that a thermoplastic resin
matrix has dispersed therein a thermoplastic resin which is
partially encapsulated by an ethylene polymer. The disclosure
relied upon by the examiner regarding the multi-phase
structure pertains to the structure before the melting and
mixing. The examiner has not explained how Sakazume’s multi-
phase structure either exists in a thermoplastic resin matrix
before the melting and mixing or still exists in the multi-
phase structure form after the melting and mixing.
Consequently, the examiner has not carried the burden of
establishing a prima facie case of anticipation of the
appellants’ claimed invention. Also, the examiner has not
explained why it would have been obvious to one of ordinary
skill in the art to modify Sakazume’s composition such that
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