Ex parte GRIZANTE et al. - Page 2




          Appeal No. 96-1076                                                          
          Application No. 07/961,160                                                  


          being directed to a nonelected invention or a nonelected                    
          species.                                                                    
               The subject matter on appeal relates to a cable coating                
          formed by a polymeric mixture of a first thermoplastic polymer              
          which consists of an aromatic polyester of isophthalic and                  
          terephthalic acid with bisphenol A and a second thermoplastic               
          polymer consisting of an elastomeric polyether-ester block                  
          copolymer having particular Shore D hardness and Vicat                      
          softening point characteristics.  The mixture possesses an                  
          ultimate elongation not lower than 50%.  This appealed subject              
          matter is adequately illustrated by independent claim 13 which              
          reads as follows:                                                           
               13. A cable coating formed by a polymeric mixture                      
          characterized in that it comprises from from [sic] 50 to 80                 
          parts (w/w) of a first thermoplastic polymer which is                       
          amorphous, highly resistant to flames and combustion, and                   
          consists of an aromatic polyester of isophthalic and                        
          terephthalic acid with bisphenol A, and from about 20 to 50                 
          parts (w/w) of at least a second thermoplastic polymer                      
          consisting of an elastomeric polyether-ester block copolymer,               
          having a Shore D hardness greater than 50 and a Vicat                       
          softening point greater than 170EC, said mixture having an                  
          ultimate elongation not lower than 50% when the amount of the               
          second polymer is the lowest one and a higher ultimate                      
          elongation as the amount of said second polymer increases.                  




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