Ex parte DALGEWICZ et al. - Page 3




               Appeal No. 96-1971                                                                                                      
               Application 07/914,388                                                                                                  


                       a) heating a composition comprising a crystallizable polyester and an impact modifier to a                      
               temperature above the melting point temperature of the polyester for a time sufficient to bring said                    
               polyester to a substantially amorphous molten state;                                                                    

                       b) maintaining the composition heated in step (a) at a temperature above said melting point                     
               temperature for a time sufficient to substantially eliminate previous molecular stress imprinting and until             
               an effective amount of said impact modifier is dissolved in said polyester;                                             
                       (c) controlling cooling of the composition in step (b) at a rate of from about 1 C to about 89 CO              O             
               per minute until there is crystallization of the polyester and impact modifier forming a                                
               mixture of precipitated particles of impact modifier embedded in a matrix of the polyester, said                        
               precipitate of the impact modifier having a particle size of from about 0.1 to about 10 microns in                      
               diameter; and                                                                                                           

                       d) continuing controlled cooling of the composition by contacting the composition to a surface                  
               capable of imparting shape for from about 1 second to about 5 minutes, said contact surface being at a                  
               temperature of at least the lower boundary crystallization from melt temperature of said polyester                      

                       to provide an impact modified polyester, wherein said impact modified polyester has an oxygen                   
               permeability of from about 0.2 to about 4.0 cc-mil/100 in -24 hr-atm at 23 C and 60% relative2                O                                        
               humidity outside/100% relative humidity inside and a heat of recrystallization of from about 0 to about -               
               4.0 calories per gram as measured by differential scanning calorimetry at a heating rate of about 250                   
               C/minute.                                                                                                               

                                               THE REFERENCES OF RECORD                                                                

                       As evidence of obviousness, the examiner relies upon the following references.                                  

               Jones et al. (Jones)                    3,562,200                       Feb.   9, 1971                                  
               Duffield et al. (Duffield)              4,061,706                       Dec.   6, 1977                                  
               Carson                                  4,713,268                       Dec. 15, 1987                                   

                                                       THE REJECTIONS                                                                  

                       Claims 1 through 3, 5 through 22, 24 through 28,  70, 71, 74, and 75 stand rejected under 35                    


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