Ex parte BARBER - Page 2




                 Appeal No. 1997-2335                                                                                     Page 2                        
                 Application No. 08/367,913                                                                                                             


                 appellant, the claimed copolymer has "... greater melt flow,                                                                           
                 lower flexural modulus, improved impact resistance, and/or                                                                             
                 improved chemical resistance, but without sacrifice to the use                                                                         
                 temperature of the polymer" as compared to uniformly random                                                                            
                 VDF/HFP copolymers (specification, page 5 and brief, page 3).                                                                          
                 An understanding of the invention can be derived from a                                                                                
                 reading of claim 51, the sole independent claim on appeal,                                                                             
                 which is reproduced below.                                                                                                             
                                            51.  A vinylidene fluoride-                                                                                 
                                   hexafluoroproplylene copolymer comprising one or                                                                     
                                   more discrete vinylidene fluoride-                                                                                   
                                   hexafluoroproplylene copolymer domains and one                                                                       
                                   or more discrete vinylidene fluoride homopolymer                                                                     
                                   domains including a major vinylidene fluoride                                                                        
                                   homopolymer domain which contains at least about                                                                     
                                   50% of the vinylidene fluoride content of the                                                                        
                                   copolymer, said copolymer having a                                                                                   
                                   hexafluoropropylene content of from about 1% to                                                                      
                                   about 20% by weight of the copolymer.                                                                                

                          The sole prior art reference of record relied upon by the                                                                     
                 examiner in rejecting the appealed claims is:                                                                                          
                 Tournut et al. (Tournut), "SOME ASPECTS OF THERMOPLASTIC                                                                               
                 COPOLYMERS OF VINYLIDENE FLUORIDE," ATOCHEM C.R.R.A.1                                                                                  

                          1According to appellant, the cited Tournut reference "...                                                                     
                 is a three-page print of a poster by Tournut presented at a                                                                            
                 joint meeting of the Third Chemical Congress of North America                                                                          
                 and the 195th American Chemical Society National Meeting in                                                                            







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