Appeal No. 1999-2507
Application No. 08/967,367
a non-conjugated diene, e.g. dicyclopentadiene, ethylidene
norbornene, 1,4-hexadiene, 1,4-cycloheptadiene, or 1,5-
cyclooctadiene. (Column 3, lines 10-14.)
Thus, the examiner determined that Eichenauer's components
(B) and (A) correspond to the appellants' recited cycloolefin
copolymer component and particulate core/shell component,
respectively. (Examiner's answer, page 6.) According to the
examiner, Eichenauer's composition differs from the invention
recited in the appealed claims only in that the amount of the
non-conjugated diene monomer in the EPDM is not specifically
disclosed. (Id.) This difference notwithstanding, the examiner
determined that Eichenauer would have led one of ordinary skill
in the art to make compositions encompassed by the appealed
claims. (Id. at pages 6-7.) We agree.
The appellants argue that the recited particulate core/shell
component solves the problem of poor impact strength
characteristic of cycloolefin copolymers. This argument is not
persuasive, because Eichenauer's composition contains a
particulate core/shell polymer component as in the invention
recited in the appealed claims. To the extent that a cycloolefin
copolymer has poor impact strength, the particulate core/shell
polymer described in Eichenauer solves the same problem. Cf. In
re Dillon, 919 F.2d 688, 693, 16 USPQ2d 1897, 1901 (Fed. Cir.
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