Ex parte JAMES L. HEDRICK et al. - Page 4




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


          Scheuerlein also teaches that heating the composition to a                   
          temperature which decomposes the formaldehyde powder without                 
          effecting a change in the density of the polyimide phase of the              
          preform, and results in a pore structure of the polyimide                    
          corresponding substantially identically to the particle size of              
          the formaldehyde polymer, is further evidence that the polyimide             
          of the reference does not enter into a copolymerization reaction             
          with the formaldehyde polymer.  Furthermore, we are not satisfied            
          that the examiner has assigned appropriate probative value to the            
          Rule 1.132 Declaration of Dr. Volksen, a Ph.D. chemist who has               
          performed research since 1977 in polymer dielectrics,                        
          particularly polyimides.  The declaration of Dr. Volksen includes            
          his opinion that “no copolymer of polyimide and                              
          poly(paraformaldehyde) is formed during the process of                       
          Scheuerlein to form the porous polyimide article,” as well as                
          scientific reasons in support of the opinion.                                
               Based on the foregoing, the examiner’s decision rejecting               
          the appealed claims is reversed.                                             
                                       REVERSED                                        


                         EDWARD C. KIMLIN               )                              
                         Administrative Patent Judge    )                              
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