Ex parte HERT et al. - Page 8




          Appeal No. 1999-0268                                                        
          Application No. 08/650,608                                                  


          butadiene block copolymer or a hydrogenated styrene-isoprene                
          block copolymer, the rubber-like polymer were an ethylene                   
          polymer having units derived from unsaturated epoxy monomers                
          or unsaturated acid anhydride monomers, the network structure               
          would be comparable to the network structures shown in figures              
          3-5 of EP ‘280 and, therefore, would provide the partial                    
          encapsulation relied upon by the examiner.                                  
               The examiner, therefore, has not carried the burden of                 
          establishing a prima facie case of obviousness of the claimed               
          invention over EP ‘280 in view of Epstein ‘859 and Epstein                  
          ‘358.  Consequently, we reverse the rejection over this                     
          combination of references.                                                  
















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