Appeal No. 96-1947
Application No. 08/161,618
OPINION
The electrically insulating and ionically conducting
solid, thermoplastic composition of appealed claim 1 requires
a terpolymer comprising vinyl butyryl, vinyl alcohol, and
vinyl acetate in certain specified weight fractions with a
molecular weight between about 20,000 and 300,000 and a Tg
between about 40E and 80EC.
Appellants argue that “Marks discloses, in contrast to
Appellants’ composition, electrically conductive coating
materials.” (Brief, sentence bridging pages 3-4). Appellants
further argue that the polymer matrix disclosed by Marks is
made by polymerizing one monomer while the claimed composition
requires a terpolymer made from three different monomers
(Brief, pages 3-4).
The examiner states that “. . . the terpolymer is
disclosed through its component parts. Vinyl alcohol, vinyl
acetate and its analog vinyl butyryl are suggested in Marks at
column 2, lines 36-60.” (Answer, paragraph bridging pages 4-5,
and the final rejection, page 2). In the Advisory Action
dated Feb. 21, 1995 (Paper No. 8), the examiner states that
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