Ex parte ANDRE et al. - Page 6




          Appeal No. 1997-0530                                                        
          Application 08/312,493                                                      



          compatibilizing agent for the first and second polymers it                  
          must have a composition which is different from the                         
          compositions of these polymers.  Thus, even if, as argued by                
          the examiner (answer, page 9), appellants’ second polymer can               
          be a polysiloxane copolymer, the  compatibilizing copolymer                 
          must have a composition which is different from that of the                 
          second polymer in order for the compatibilizing copolymer to                
          be effective as a compatibilizing agent.                                    
               The examiner argues that appellants’ originally filed                  
          specification does not provide written descriptive support for              
          “at least 0.3%” of the second polymer as recited in                         
          independent claims 1 and 10 (answer, pages 4 and 10-11).                    
          These claims actually recite a range of the amount of the                   
          second copolymer                                                            
          in the blend of “at least 0.3% but less than 30% by weight.”                
          Appellants’ original specification states (page 2, lines 11-                
          23) that in a prior art lacquer, which contained less than                  
          0.3% of an internal solid lubricant, there was mutual                       
          incompatibility of the lubricant and base polymer which                     
          prevented incorporation of a sufficient quantity of lubricant.              

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