Appeal No. 1995-2036
Application 07/920,009
(2) Claims 3, 4, 9 through 11, 16, 17 and 21 through 25 under 35 U.S.C. § 103 as
unpatentable over Fromuth, considered alone or in combination with Pletcher.
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the following
materials: the instant specification and all of the claims on appeal; the Appeal Brief; the
Examiner's Answer; the Gallucci Declaration executed December 12, 1991; the above-
cited prior art references; and the decision entered by another merits panel of the Board in
parent application serial no. 06/532,279, Paper No. 13 (Appeal No. 648-99, mailed
August 27, 1986.) On consideration of the record, including those materials, we affirm the
examiner's decision rejecting claims 26 through 29. However, we reverse the examiner's
decision rejecting claims 3, 4, 9 through 11, 16, 17, and
21 through 25.
CLAIMS 26 THROUGH 29
Fromuth discloses a thermoplastic composition comprising about 25 to 95 percent
by weight of aromatic polyester (A), about 1 to 8 percent by weight of aromatic
polycarbonate (B), and the balance to make 100% of core-shell polymer (C)(column 2,
lines 54 through 58). Polyester component (A) is, for example, polyethylene terephthalate
or polytetramethylene terephthalate (column 1, lines 60-64); aromatic polycarbonate (B) is
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