Ex parte KETELS et al. - Page 2




                Appeal No. 94-4034                                                                                                            
                Application No. 07/804,160                                                                                                    


                         5.  A polymer mixture comprising:                                                                                    
                         (A) 20-60 parts by weight of polyphenylene ether resin;                                                              
                         (B) 40-70 parts by weight of polystyrene resin, high-impact                                                          
                polystyrene resin, or a mixture thereof;                                                                                      
                         (C) 5-20 parts by weight of an impact strength agent; and                                                            
                         (D) 2-10 parts by weight of talcum,                                                                                  
                                 wherein component (C) comprises a mixture of 2 linear                                                        
                block copolymers.                                                                                                             
                         The references of record relied upon by the examiner are:                                                            
                Kosaka et al. (Kosaka)                            4,483,958                Nov. 20, 1984                                      
                Abe et al. (Abe)                                  5,086,105                Feb. 04, 1992                                      
                                                                           (Filed Dec. 11, 1989)                                              
                         Claims 5 through 14 stand rejected under 35 U.S.C. § 103 as                                                          
                unpatentable over the combined disclosures of Kosaka and Abe.2                                                                
                         We have carefully reviewed the entire record before us,                                                              
                including each of the arguments and comments advanced by the                                                                  
                examiner and appellants in support of their positions.  This                                                                  
                review leads us to conclude that the examiner’s § 103 rejection                                                               
                is well-founded.  Accordingly, we will sustain the examiner’s §                                                               
                103 rejection.  Our reasons for this determination follow.                                                                    
                         As a preliminary matter, we note the examiner’s statement                                                            
                (Answer, page 2) that the appealed claims stand or fall together                                                              
                because appellants do not state that the appealed claims do not                                                               
                stand or fall together.  Nowhere do appellants dispute this                                                                   

                         2At page 2 of the Answer, the examiner has withdrawn                                                                 
                the remaining rejections made in the final Office action                                                                      
                dated February 2, 1993.                                                                                                       
                                                                      2                                                                       





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