Appeal No. 96-1971
Application 07/914,388
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 through 3, 5
through 22, 24 through 28, 70, 71, 74 and 75 . 2
THE INVENTION
Appellants’ invention is directed to a drawing thermoforming process wherein crystallizable
polyester and an impact modifier are heated to a temperature above the melting point of the polyester
resulting in the polyester being in a substantially amorphous molten state. The polyester is maintained in
amorphous state while impact modifier is dissolved in the polyester. Cooling occurs thereafter with the
impact modifier forming a precipitate of particles in a matrix of crystallized polyester, the precipitate
having a particles size of from about 0.1 to 10 microns in diameter. Cooling thereafter continues with
the polyester/impact modifier composition in contact with a surface at a specific cooling rate. Specific
oxygen permeability properties are required by the claimed subject matter.
THE CLAIMS
Claim 1 is illustrative of appellants’ invention and is reproduced below.
1. A drawing thermoforming process for producing a dimensionally-stable, impact-modified
polyester with improved low temperature impact strength and improved gas barrier properties
comprising the steps:
2An amendment received after the hearing withdrew the appeal of claims 30, 32 through 51, 53
through 68, 72, 73, 76 and 77.
2
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