Ex Parte Masubuchi et al - Page 2



                Appeal 2007-4097                                                                               
                Application 09/792,776                                                                         
                      Claim 1 is illustrative:                                                                 
                      1.  A method of preparing an [sic, a] thermoplastic resin composition                    
                comprising:                                                                                    
                      obtaining a crosslinked softening agent composition by blending and                      
                heat treating the components consisting essentially of                                         
                      (a) 100 parts by weight of at least one non-aromatic hydrocarbon                         
                softening agent for rubber;                                                                    
                      (b) 0.1 to 10 parts by weight of an organic peroxide; and                                
                      (c) 0.1 to 50 parts by weight of a crosslinking aid, wherein the weight                  
                ratio of component (b) to component (c) is 1 or less; and                                      
                      blending the crosslinked softening agent composition with 1 to 1500                      
                parts by weight of a thermoplastic resin relative to 100 parts by weight of the                
                crosslinked softening agent composition.                                                       
                      The Examiner relies upon the following references:                                       
                Hamanaka US 5,187,224 Feb. 16, 1993                                                            
                Tasaka US 5,929,165 Jul. 27, 1999                                                              
                      Appealed claims 1-9 stand rejected as unpatentable as follows:                           
                (i) claims 1-9 are rejected under 35 U.S.C. § 102(b) as anticipated by or, in                  
                the alternative, under 35 U.S.C. § 103(a) as obvious over Tasaka ; and                         
                (ii) claims 1-9 are rejected under 35 U.S.C. § 102(b) as anticipated by or, in                 
                the alternative, under 35 U.S.C. § 103(a) as obvious over Hamanaka.                            
                      We have thoroughly reviewed each of Appellants’ arguments for                            
                patentability.  However, we are in full agreement with the Examiner that the                   
                claimed subject matter is unpatentable over the cited prior art.  Accordingly,                 
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