Ex parte JAMES L. HEDRICK et al. - Page 2




          Appeal No. 95-0318                                                           
          Application 08/031,046                                                       


                   temperature below the decomposition temperature of the              
                   matrix polymer;                                                     
               b. heating said copolymer to a temperature at or above the              
                   decomposition temperature of the thermally decomposable             
                   polymer and below the glass transition temperature and              
                   the decomposition temperature of the matrix polymer to              
                   form said foam polymer.                                             
               In the rejection of the appealed claims, the examiner relies            
          upon the following reference:                                                
          Scheuerlein et al. (Scheuerlein)      3,917,761       Nov. 4, 1975           
               Appellants’ claimed invention is directed to a process for              
          forming a foamed polymer having a pore size less than about                  
          1000D .  The process comprises two steps:  (1) forming a                     
          copolymer of a matrix polymer, such as a polyimide, and a                    
          thermally decomposable polymer, such as poly(propylene oxide);               
          (2) heating the formed copolymer to a temperature that is above              
          the decomposition temperature of the thermally decomposable                  
          polymer but below the glass transition temperature and the                   
          decomposition temperature of the matrix polymer.                             
               Appealed claims 13-15, 17 and 23 stand rejected under                   
          35 U.S.C. § 102(e) or, in the alternative, under 35 U.S.C. § 103             
          as being unpatentable over Scheuerlein.                                      
               Upon careful consideration of the opposing arguments                    
          presented on appeal, we will not sustain the examiner’s                      
          rejection.                                                                   

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