Appeal No. 1999-0918
Application No. 08/399,690
The present record indicates that the present invention and the invention of
Akkapeddi both include graft copolymers which comprise similar components.
Akkapeddi describes the process for forming graft copolymers which have a variety
of uses. Upon consideration of the present record, we hold that, in this case, the
preparation of graft polymers as described in Akkapeddi is reasonably pertinent to
the claimed binder composition which contains graft copolymers.
Appellants assert in the reply brief that Akkapeddi does not teach a graft
copolymer being further admixed with another graft copolymer. (Reply Brief, p. 6).
This argument does not take into account the portion of Akkapeddi which discloses
rubbery high molecular weight graft copolymers are added to the styrenic polymers
to improve impact resistance. Appellants’ arguments regarding the use of EVA
graft copolymer is noted however, claim 1 is not limited to the scope of this
argument.
Appellants assert the Examiner has not established a prima facie case of
obviousness. Specifically Appellants state: [t]here is no structural similarity
between the subject matter of the prior art and the subject matter of the disclosed
invention.” (Brief, p. 12). We disagree. As stated above, Akkapeddi discloses
styrenic polymers which are reacted with an ethylenically unsaturated grafting agent
and further discloses rubbery high molecular weight ethylene and "-olefin graft
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