Appeal No. 1995-2036
Application 07/920,009
high amount of aromatic polycarbonate (at least about 15 parts by weight or about 15
percent by weight).
The examiner argues that (1) Fromuth, in column 1, lines 12 through 23, discusses
Nakamura, U.S. Patent No. 3,864,428, and (2) according to Fromuth, Nakamura discloses
a relatively high amount of aromatic polycarbonate in its polymeric blends. The examiner,
however, does not cite or rely on the Nakamura patent in setting forth a prior art rejection
before us. The examiner relies on Fromuth's discussion or characterization of Nakamura,
but Fromuth does not indicate the relative amounts of aromatic polyester or butadiene-
based core-shell polymer in the polymeric blends disclosed by Nakamura. On these facts,
we find that Fromuth's discussion of Nakamura constitutes insufficient evidence to support
a conclusion of obviousness or claims 3, 4, 9 through 11, 16, 17, and 21 through 25 which
enumerate the relative amounts of each component in the claimed thermoplastic
composition.
The examiner also argues that several comparative examples disclosed by
Fromuth include a relatively high amount of aromatic polycarbonate, for example, 15
percent by weight, which meets the amount of aromatic polycarbonate resin recited in
claims 3, 4, 9 through 11, 16, 17, and 21 through 25. The examiner has not established,
however, that any comparative example described by Fromuth would have led to a
thermoplastic composition defined in claims 3, 4, 9 through 11, 16, 17, and
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