Ex parte AGARWAL - Page 4

              Appeal No. 1995-2036                                                                                         
              Application 07/920,009                                                                                       

              described in column 2, lines 1-14; and component (C) may be a butadiene-based core-                          
              shell polymer, preferably a three-stage polymer having a butadiene-based rubbery core, a                     
              second stage polymerized from styrene, and a final stage, or shell, polymerized from                         
              methyl methylacrylate and 1,3-butylene glycol dimethylacrylate (column 2, lines 47-53.)                      
                     Claims 26 through 29 “read on” a thermoplastic composition which includes three                       
              components, namely, an aromatic polyester resin, an aromatic polycarbonate resin, and a                      
              substantially amorphous copolymer resin.  The substantially amorphous copolymer resin                        
              may be, for example, a butadiene-based core-shell interpolymer of the type “more fully                       
              described” in Fromuth.  See appellants' specification, page 22, lines 18 through 24.   We                    
              think it quite clear, and in fact undisputed, that claims 26 through 29 “read on” the same                   
              aromatic polyester resin, aromatic polycarbonate resin, and butadiene-based core-shell                       
              interpolymer described by Fromuth.                                                                           
                     Considering now the relative proportions of components in the prior art polymeric                     
              blend, we find that Fromuth discloses as little as 25 percent by weight of aromatic                          
              polyester (A).  Fromuth also discloses a relatively low amount of aromatic polycarbonate                     
              (B) in the blend, i.e., about 1 to 8 percent by weight.  Accordingly, for those prior art                    
              compositions containing 25 percent by weight of aromatic polyester and about 1 to 8                          
              percent by weight of aromatic polycarbonate, the balance is about 67 to 74 percent by                        
              weight of core-shell polymer (C).   On these facts, where Fromuth discloses thermoplastic                    


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