Ex Parte Gong et al - Page 9

                Appeal 2006-1305                                                                              
                Application 10/236,270                                                                        

                      We disagree with Appellants’ arguments since Watanabe expressly                         
                discloses “discover[ing] that the cold-bonding resistance and the operability                 
                can be made favorable by combining . . . [an] ethylene – vinyl acetate                        
                copolymer with another ethylene -  acetate copolymer that has a different                     
                melt index and a different vinyl acetate content” (Translation 5).  In                        
                addition, as noted by our discussion above, Watanabe’s Examples 1                             
                through 3 (Translation 18) clearly teach or would have suggested to one of                    
                ordinary skill in the art that the ethylene-vinyl acetate copolymer component                 
                of the hot melt adhesive composition comprises two different ethylene-vinyl                   
                acetate copolymers with a first ethylene-vinyl acetate copolymer having a                     
                vinyl acetate content lower than the vinyl acetate content of the second                      
                ethylene-vinyl acetate copolymer and the first ethylene-vinyl acetate                         
                copolymer having a melt flow index higher than the melt flow index of the                     
                second ethylene-vinyl acetate copolymer.  Thus, we concur with the                            
                Examiner’s finding that Examples 1 through 3 of Watanabe teach “forming a                     
                hot melt adhesive having high heat and cold resistance from a composition                     
                comprising [a first ethylene-vinyl acetate copolymer] EVAl , [a second                        
                ethylene-vinyl acetate copolymer] EVA2, tackifier, and resin [sic, wax]                       
                wherein EVAl has a low polar content and high melt flow index as it relates                   
                to EVA2” (Answer 5).                                                                          
                      Therefore, we are unpersuaded by Appellants’ argument and, in view                      
                of Watanabe’s disclosure, including Examples 1 through 3, agree with the                      
                Examiner’s conclusion that “it would have been obvious to one of ordinary                     
                skill in the art at the time the invention was made to determine/optimize the                 
                amounts of each component as a function of achieving the desired heat and                     


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