Ex parte DUFFIN - Page 6




          Appeal No. 1996-0708                                       Page 6           
          Application No. 08/241,888                                                  


          claim 1, the hydrated sodium antimonate described in Hanabusa               
          appears to be inherently dehydrated in the presence of a                    
          polymer as required by claim 1.  See In re Best, 562 F.2d                   
          1252, 1255, 195 USPQ 430, 433-34 (CCPA 1977).  We have not                  
          reviewed the applicability of Hanabusa on the remaining                     
          pending claims in the present application.  The examiner is                 
          advised to compare the mixtures described in Hanabusa with the              
          claimed mixtures to determine whether Hanabusa also affects                 
          the patentability of the remaining claims in the present                    
          application.        Similarly, Miyashita describes mixing heat-             
          treated or not-heat-treated sodium antimonates having                       
          different hygroscopicities (reflect different moisture                      
          contents) with a thermoplastic polyester (a polymer), and                   
          organic and inorganic reinforcing agents in a ribbon blender                
          and extruder at a temperature of 240°C to 290°C.  See column 4              
          together with column 5, Table 1.  Since a hydrated sodium                   
          antimonate and a polymer are mixed at a temperature within the              
          range recited in claim 1, it appears that the dehydrating step              
          recited in claim 1 is also inherent in the process described                
          in Miyashita.  We have not reviewed the effect of Miyashita on              
          the remaining claims pending in the present application.  The               







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