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. -2-Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007