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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