Appeal No. 2002-1838
Application 09/631,765
wherein x represents from about 98.8 molar percent to
about 99.5 molar percent, y represents from about 0.5
molar percent to about 1.2 molar percent and R comprises
from about 70% by weight to about 100% by weight of a
C15-C60 alkyl group and from about 0% to about 30% by
weight of a C2-C14 alkyl group.
THE REFERENCES
The references of record which are being relied on by the
examiner as evidence of obviousness are:
Latone 3,980,424 September 14, 1976
Peilet 4,184,279 January 22, 1980
Dowlen et al. 5,880,244 March 9, 1999
British Patent Number 1,330,227, General Tire, published September
12, 1973.
THE REJECTIONS
Claims 17 through 19, 21, 25 and 27 through 37 stand rejected
as being unpatentable under 35 U.S.C. § 103 from the disclosure of
Latone considered with Dowlen et al. Claims 22 through 24 stand
rejected as being unpatentable under 35 U.S.C. § 103 from the
disclosure of Latone considered with Dowlen et al. in further view
of Peilet. Claim 26 stands rejected as being unpatentable under 35
U.S.C. § 103 from the disclosure of Latone considered with Dowlen
et al. in further view of General Tire.
OPINION
We begin by observing that each of the examiner's proffered
rejections is founded on the combination of Latone considered with
Dowlen, either alone or in view of certain other prior art (Peilet
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