Appeal No. 2001-2470 Page 3
Application No. 08/890,134
essentially for the reasons stated in the Answer and those
reasons set forth below.
OPINION
The examiner finds that Puletti discloses hot melt adhesive
formulations based on A-B-A type block copolymers, where the
terminal (end) blocks of the copolymer are in a concentration of
86 to 14% and the molecular weights of these terminal blocks are
preferably between 15,000 and 100,000 (Answer, page 3). The
examiner also finds that the reference prefers the elastomeric
block copolymers be unhydrogenated with butadiene and isoprene
midblocks (Answer, paragraph bridging pages 3-4). The examiner
notes that the trademark copolymers identified by Puletti are the
same block copolymers specified by appellants in some of the
examples (id., citing Kraton 1650 and composition D in Table 1 of
the specification). The examiner further finds that Puletti
teaches the use of tackifying resins which include midblock
compatible resins and oils in varying amounts (Answer, page 4,
with citations to Puletti).
The examiner thus finds that the difference between the
claimed subject matter and the disclosure of Puletti is that the
claimed weight ratio of midblock compatible resin to oil (1.5:1
to 3.5:1) is “not expressly and specifically cited within the
patent.” Answer, page 4. However, the examiner concludes that
this weight ratio is prima facie obvious since ratios of midblock
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