Ex Parte HATKE et al - Page 5


          Appeal No. 1999-2507                                                       
          Application No. 08/967,367                                                 



          11, line 57.)  In this regard, it is important to note that the            
          appellants' reason for adding the recited particulate core/shell           
          component is to obtain a product that exhibits "good impact                
          strength even at low temperatures."  (Specification, page 11,              
          lines 21-23.)  Laughner additionally teaches that the                      
          thermoplastic polymeric material that can benefit from the                 
          addition of the elastomeric impact modifier include                        
          polyalkenamers obtained from cycloolefins as well as                       
          polyolefins.3                                                              
               Based on these teachings in the prior art, the examiner               
          determined that one of ordinary skill in the art would have found          
          it prima facie obvious to add Laughner's MBS core/shell elastomer          
          into the compositions of either Brekner or Yamamoto                        


          with the reasonable expectation of obtaining a product that                
          exhibits improved impact strength.  We agree.  The motivation to           
          combine the prior art references comes from the express                    
          teachings of Laughner that the MBS core/shell elastomer provides           
          improved impact strength in various classes of thermoplastic               
          polymers, which classes encompass those described in Brekner or            
          Yamamoto.                                                                  



               3  According to the appellants, cycloolefin copolymers are            
          polyolefins.  (Specification, p. 2, ll. 23-28.)                            

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