Ex Parte Livengood et al - Page 3




          Appeal No. 2003-2157                                                        
          Application No. 09/885,311                                                  


                    c)   a secondary resin at least partially                         
          compatibalizing [sic] said primary resin and said wax consisting of         
          a random copolymer, wherein the structure of said random copolymer          
          has at least one repeating structural unit compatible with at least         
          one distinct repeating structural unit of said primary resin and at         
          least one other repeating structural unit which is compatible with          
          a [sic, at] least one distinct repeating structural unit of said            
          wax release agent.                                                          

               The examiner has relied upon the following references as               
          evidence in support of the rejections on appeal:                            
          Crystal                       4,027,048          May 31, 1977               
          Mahabadi et al. (Mahabadi)    5,364,724          Nov. 15, 1994              
          Katada et al. (Katada)        5,972,553          Oct. 26, 1999              
          Sato et al. (Sato)            5,985,501          Nov. 16, 1999              
               Claims 1, 3-8, 10, 12 and 22 stand rejected under 35 U.S.C.            
          § 102(b) as anticipated by Crystal (Answer, page 4).  Claims 1, 3-          
          8, 10, 12-18, 21 and 22 stand rejected under 35 U.S.C. § 103(a) as          
          unpatentable over Crystal in view of Katada and Sato (Answer, page          
          5).  Claims 11 and 19 stand rejected under 35 U.S.C. § 103(a) as            
          unpatentable over Crystal in view of Katada, Sato and Mahabadi              
          (Answer, page 6).2  We affirm all of the rejections on appeal               
          essentially for the reasons stated in the Answer and those reasons          
          set forth below.                                                            



               2The final rejection of claims 1, 3-9, 11, 12, 14, 21 and 22           
          under 35 U.S.C. § 102(b) over Lin has been withdrawn by the                 
          examiner (Answer, page 2, ¶(3)).                                            
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