Ex parte AGARWAL - Page 3




              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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