Ex parte MICHAEL-JOACHIM BREKNER et al. - Page 3




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


          polymer alloy as a whole must be also transparent.  Id.                     
          According to page 1 of the specification, the transparency of the           
          organic polymer alloy must be such that the organic polymer alloy           
          is suitable for optical applications.  The specification then               
          goes on to state at page 2:                                                 
                    The transparency of films made from polymer alloys                
               is an indication that the components are homogeneously                 
               mixed.                                                                 
          The requirement for transparency, therefore,  limits the types of           
          materials included in the claimed organic polymer alloys.  None             
          of the Lakshmanan, Gallucci and Ames references indicates                   
          otherwise.  As indicated by appellants, they are directed to                
          different polymers and are no use in determining the scope of the           
          appealed claims.                                                            
               As evidence of unpatentability, the examiner relies on the             
          Robeson reference.   The Robeson reference is relied upon to show           
          that blends of a crystalline poly(aryl ether ketone) and the                
          claimed polyarylate are known.  According to the examiner,  the             
          crystalline poly(aryl ether ketone) of the Robeson reference                
          inherently contains some amorphous phase as indicated by the                
          Isayev reference.   Although the examiner recognizes that the               
          Robeson reference is silent as to the requirement for, inter                
          alia, transparency, the examiner does not explain why the Robeson           

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