Appeal No. 2004-2292
Application No. 09/747,537
21). Peiffer further discloses the core layer preferably comprises 2% to 10%
by weight of a hydrocarbon resin. (Col. 5, ll. 8-22).
The Blemberg reference has been discussed above. The Examiner
determined that “it would have been obvious to one of ordinary skill in the
art to blend the olefinic polymer comprising the sealable layer of Peiffer
into the core layer in amounts sufficient to improve adhesion of the core to
the skin layers. (Answer, p. 10).
Appellants argue that the teachings and suggestions of Blemberg
are inapplicable to the Peiffer reference. Appellants rely on the arguments
presented in response to the rejection over the combined teachings of
Schloegl and Blemberg. (Brief, p. 10).
Here again, we are not persuaded by Appellants arguments. We
rely on our discussion presented when discussing the rejection over the
combined teachings of Schloegl and Blemberg above and add the
following. Peiffer discloses that the core layer also preferably comprises an
ethylene-propylene copolymer. (Col. 3, ll. 39-41). This additional
copolymer would function the same as the polymeric modifier required by
the present invention. Thus, contrary to Appellants’ position, a person of
ordinary skill in the art would have reasonably expected that a modifier,
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