Ex parte YU et al. - Page 2




                 Appeal No. 95-5097                                                                                                                     
                 Application No. 08/072,807                                                                                                             

                          According to appellants, the invention is directed to a                                                                       
                 polyamide composition having improved impact strength through                                                                          
                 the inclusion of a certain impact modifier blend (Brief, page                                                                          
                 2).  Appellants also state that the claims stand or fall                                                                               
                 together (Brief, page 3).  Therefore, in accordance with the                                                                           
                 provisions of 37 CFR § 1.192(c)(5)(1993), we select claim 10                                                                           
                 from the grouping of claims and decide this appeal as to this                                                                          
                 ground of rejection on the basis of claim 10 alone.   Claim 10                              2                                          
                 is illustrative of the subject matter on appeal and is                                                                                 
                 reproduced below:                                                                                                                      
                          10.  A polyamide composition having improved impact                                                                           
                 resistance comprising:                                                                                                                 
                          (a) a polyamide; and                                                                                                          
                          (b) an impact modifier comprising:                                                                                            
                                   (i) a halogenated copolymer of a C4 to                                                                               
                                              C7 isomonoolefin and an                                                                                   
                                            alkylstyrene; and                                                                                           
                                   (ii)              a polyolefin component comprising                                                                  
                                            an elastomeric or crystalline                                                                               
                                            polyolefin or mixtures thereof.                                                                             




                          2Claim 10 has been selected from the grouping of claims                                                                       
                 10-14 and 16 for the § 102 ground of rejection.  For the § 103                                                                         
                 ground of rejection of claims 15 and 17, we select claim 15                                                                            
                 from the grouping and decide this appeal as to this ground of                                                                          
                 rejection on the basis of claim 15 alone (as it depends from                                                                           
                 claim 10).  See 37 CFR § 1.192(c)(5)(1993).                                                                                            
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