Ex parte ANDRE et al. - Page 12




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



                 Takekoshi’s teaching regarding heat distortion is that the                                                                             
                 disclosed polyarylene sulfide block copolymers have a                                                                                  
                 significantly improved heat distortion temperature compared to                                                                         
                 polyarylene sulfide homopolymers (col. 1, lines 35-41).  Thus,                                                                         
                 contrary to the examiner’s argument, the reference does not                                                                            
                 teach that use of two distinct polysiloxanes in combination                                                                            
                 improves heat distortion properties.                                                                                                   
                          Because the examiner has not provided a convincing                                                                            
                 explanation as to why Takekoshi would have fairly suggested,                                                                           
                 to one of ordinary skill in the art, modifying Haubennestel so                                                                         
                 as to arrive at appellants’ claimed invention, we reverse the                                                                          
                 rejection under 35 U.S.C. § 103 over this combination of                                                                               
                 references.3                                                                                                                           


                                                                    DECISION                                                                            
                          The rejections of claims 1, 4, 7-11 and 13-22 under                                                                           



                          3The examiner applies Haubennestel in view of Takekoshi                                                                       
                 and Preston to dependent claim 14, but does not rely upon any                                                                          
                 teaching in Preston which remedies the above-discussed                                                                                 
                 deficiency in the combined teachings of Haubennestel and                                                                               
                 Takekoshi.                                                                                                                             
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