Appeal No. 1999-0918
Application No. 08/399,690
high molecular weight materials, including graft copolymers, are added to the
styrenic polymers to improve impact resistance. (Cols. 3 and 4). Preferred rubbery
materials include graft copolymers formed from ethylene-"-olefin copolymer having
a carboxyl or anhydride functionality. (Col. 4, ll. 37 to 56). Akkapeddi discloses
these compositions demonstrate adhesive properties and are useful for lamination to
other polymers, coextrusion with other polymers and metal bonding. (Col. 8, ll. 37-
39).
We determine that the claimed subject matter is prima facie obvious in view
of the reference evidence to Akkapeddi alone. Based on the totality of the record,
including due consideration of Appellants’ arguments, we determine that the
preponderance of evidence weighs most heavily in favor of obviousness under
section 103. A discussion of the secondary reference to EP ‘512 is unnecessary to
our decision.
Appellants argue Akkapeddi is not analogous art to the claimed invention.
(Brief, p. 11).
The Federal Circuit has delineated two indicia for indicating whether prior art
references are analogous: (1) whether the art is from the same field of endeavor,
regardless of the problem addressed, and (2) if the art is not within the same field of
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