Appeal No. 2001-2470 Page 2
Application No. 08/890,134
components comprising a midblock compatible resin and oil in
specified weight ratios (Brief, page 2). Appellants have found
that elastomeric copolymers having large aromatic endblocks and
high levels of midblock compatible resin and oil provide
adhesives that exhibit superior stress relaxation and set
characteristics (Brief, page 3).
Appellants state that the rejected claims “stand or fall
together” (id.). In view of this statement and the provisions of
37 CFR § 1.192(c)(7)(8)(2000), we select claim 1 from the group
of rejected claims and decide the ground of rejection in this
appeal on the basis of this claim alone. A copy of illustrative
independent claim 1 is attached to this decision.
The examiner relies upon Puletti et al. (Puletti), U.S.
Patent No. 4,419,494, issued on Dec. 6, 1983, as evidence of
obviousness (Answer, page 2). The claims on appeal stand
rejected under 35 U.S.C. § 103(a) as unpatentable over Puletti
(Answer, page 3).1 We affirm this ground of rejection
1The examiner inadvertently lists claims 1-5 and “7-9" as the claims rejected over Puletti
(Answer, page 3). It is apparent that this is merely a harmless typographical error and the correct
claims should be 1-5 and 7-19 (see the final Office action dated July 26, 2000, Paper No. 17,
page 2; the Brief, page 3; and the Answer, ¶ (3), (6) and (8)). It is noted, however, that the final
Office action contained a rejection of all claims under 35 U.S.C. § 102(b) over Puletti and this
rejection was not repeated in the Answer (final Office action dated July 26, 2000, Paper No. 17,
page 2; Answer, pages 2-3). Therefore we consider this rejection to be withdrawn. See
Paperless Accounting v. Bay Area Rapid Transit Sys., 804 F.2d 659, 663, 231 USPQ 649, 652
(Fed. Cir. 1986).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007