Appeal No. 1997-4412
Application 08/372,539
We have carefully reviewed the above-mentioned parts of the
specification in search of a description of any phase containing
only 2 components (polyolefin and an ester plasticizer). We find
that the paragraphs bridging pages 6-7 provides such a
description. This paragraph indicates that a polyolefin was
immersed in an ester plasticizer in order to determine the
compatibility between the ester plasticizer and the polyolefin.
The subject matter of two components only are supported by this
description. With respect to the other parts of the
specification mentioned above, we cannot find such as description
of any phase containing only 2 components, and hence agree with
the examiner’s comments with regard to these other parts of the
specification.
In view of the description found in the paragraph bridging
pages 6-7 of the specification, we find that appellant was in
possession of the invention as claimed, and hence reverse the
35 U.S.C. § 112, first paragraph rejection.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR §
1.136(a).
REVERSED
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