Ex parte MICHAEL-JOACHIM BREKNER et al. - Page 2




          Appeal No. 94-2267                                                          
          Application No. 07/896,799                                                  


               1.  An improved organic polymer alloy containing:                      
               a)   at least one polyaryl ether ketone having a reduced               
          viscosity of from 0.2 to 3 dl/g and                                         
               b)   at least one amorphous polyaryl ester having a reduced            
          viscosity of from 0.1 to 2 dl/g,                                            
               wherein the improvement comprises that the polyaryl ether              
          ketone is amorphous, components a) and b) are homogeneously mixed           
          and the organic polymer alloy is transparent.                               
               As evidence of unpatentability of the claimed subject                  
          matter, the examiner relies on the following references.                    
          Robeson et al. (Robeson)      5,011,894      Apr. 30, 1991                  
                                        (Filed June 29, 1984)                         
          Isayev                        5,006,402      Apr. 9, 1991                   
                                             (Filed April 28, 1989)                   
               For the purposes of interpreting the term “amorphous” in the           
          appealed claims, the examiner relies on the following references:           
          Lakshmanan et al. (Lakshmanan) 4,857,594     Aug. 15, 1989                  
          Gallucci et al. (Gallucci)    4,749,754      Jun. 7, 1988                   
          Ames                          4,159,287      Jun. 26, 1979                  
               The appealed claims stand rejected under 35 U.S.C. § 102(e)            
          as anticipated by or, in the alternative, under 35 U.S.C. § 103             
          as obvious over the Robeson reference.  We reverse.                         
               The appealed subject matter is directed to an organic                  
          polymer alloy containing homogeneously mixed at least one                   
          particular amorphous polyaryl ether ketone and at least one                 
          particular amorphous polyaryl ester.  See claim 1.  The organic             

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