Ex Parte Damman 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                              for publication and is not binding precedent of the Board.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 SEBASTIAAN B. DAMMAN and GERRIT DE WIT                                          
                                                 __________                                                     
                                              Appeal 2006-2680                                                  
                                           Application 10/710,187                                               
                                           Technology Center 1700                                               
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.                                  
                GRIMES, Administrative Patent Judge.                                                            

                                          DECISION ON APPEAL                                                    
                       This appeal involves claims to thermoplastic molding compositions.                       
                The examiner has rejected the claims as anticipated and obvious.  We have                       
                jurisdiction under 35 U.S.C.  134.  We reverse.                                                
                                              BACKGROUND                                                        
                       “Plastic containers, particularly those useful for the containment of                    
                liquids, can be made from a variety of thermoplastic polymers, although                         
                individual thermoplastic polymers have certain drawbacks.”  (Specification                      
                [0003].)  For example, polyetherimides and polycarbonates “are not practical                    
                for applications requiring low oxygen permeability.”  (Id.)   “Polyester resins                 



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