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Ex Parte Sosa et al - Page 1



                       The opinion in support of the decision being entered today was not written                   
                               for publication and is not binding precedent of the Board.                           
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                   __________                                                       
                              BEFORE THE BOARD OF PATENT APPEALS                                                    
                                           AND INTERFERENCES                                                        
                                                   __________                                                       
                            Ex parte JOSE M. SOSA, KENNETH P. BLACKMON                                              
                                                and DOUG BERTI                                                      
                                                   __________                                                       
                                                Appeal 2006-2617                                                    
                                             Application 10/729,446                                                 
                                            Technology Center 1700                                                  
                                                   __________                                                       
                                                   ON BRIEF                                                         
                                                   __________                                                       
                 Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                                  
                 GRIMES, Administrative Patent Judge.                                                               

                                            DECISION ON APPEAL                                                      
                       This appeal involves claims to impact modified polystyrenes and                              
                 methods for their preparation.  The examiner has rejected the claims as                            
                 anticipated and obvious.  We have jurisdiction under 35 U.S.C.  134.  We                          
                 affirm.                                                                                            
                                                BACKGROUND                                                          
                       “Polystyrene is one of the largest volume thermoplastic resins in                            
                 commercial production today.”  (Specification 1.)  However, unmodified                             
                 polystyrene can be too brittle for certain applications.  (Id.)  “Thus, styrene-                   




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