Appeal No. 96-2827
Application No. 08/138,300
“addition of a thermoplastic to a thermoset epoxy system will
not yield a thermoplastic matrix.” See Brief, page 4.
Accordingly, although Gardner may optionally contain a
thermoplastic polymer including a hydroxy-phenoxy ether and a
structural fiber, as required by the claimed subject matter,
the indispensable presence of the epoxy resin and hardener
results in a crosslinked thermoset composite. We conclude
that the examiner has not established, on this record, that
the presence of the claimed components in addition to an epoxy
resin and a hardener results in a thermoplastic composite.
Accordingly, we reverse.
We turn next to the rejection of the claims over Brennan
in view of Gardner and Wolfe. The primary reference to
Brennan teaches that the claimed hydroxy-phenoxy ether polymer
can be used in the form of a molded container, an impermeable
film, a coating, an interlayer of a laminate or a coextruded
container. See column 2, lines 13-16. However, we find no
disclosure or suggestion that the hydroxy-phenoxy ether
polymer of Brennan can be reinforced with fibers.
Wolfe discloses high strength fibers formed from
heterocyclic nitrogen containing polymers and suggests that
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