Ex parte ROBERTS et al. - Page 7




          Appeal No. 96-1238                                                          
          Application 08/082,177                                                      


          is a scraped surface heat exchanger.   However, we do not                   
          agree with the examiner that the mere disclosure that beta                  
          phase tend hardstock components and beta prime phase tending                
          hardstocks can be used in combination provides sufficient                   
          motivation to form a beta stable crystalline phase which                    
          comprises 10% to 20% of the composition and consists                        
          essentially of about 25% to about 80% of a beta phase tending               
          hardstock having an iodine value of less than 10 with a beta                
          prime phase tending hardstock also having a specific iodine                 
          value of less than 10. We note that the two references do not               
          provide any specific proportions such as that required by                   
          applicant.  Moreover, we do not find any motivation to require              
          that both of the hardstock blend components  have a specific                
          iodine value of less than 10.  We note that the beta prime                  
          phase tending hardstock is disclosed by Reid et al. to have an              
          I.V. from 0-40.  However,  neither Reid et al. or Gunstone                  
          suggest the beta phase tending hardstock having an iodine                   
          value of less than 10.  We do not find that an artisan would                
          have motivation to select the lower range of the beta prime                 
          phase tending hardstock having an iodine value less than about              
          10 in combination with the beta phase tending hardstock having              
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