Appeal No. 1995-2036
Application 07/920,009
21 through 25 which enumerate the relative amounts of each component in the claimed
thermoplastic composition. It is not enough that comparative examples in Fromuth include
a sufficient amount of polycarbonate resin to meet one of the limitations in appellant's
claims. The examiner has not established that claims 3, 4, 9 through 11, 16, 17, and 21
through 25 considered as a whole, including each polymeric component and the amount of
each polymeric component, would have been suggested by any of the comparative
examples disclosed by Fromuth.
The Pletcher patent is relied on to show that triphenylphosphate is a known
plasticizer for crystallizable linear polyesters. See Pletcher, particularly column 5, lines 1
through 12. Pletcher, however, does not cure the deficiencies of Fromuth with respect to
the patentability of claims 3, 4, 9 through 11, 16, 17, and 21 through 25.
The rejection of 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, is reversed.
CONCLUSION
In conclusion the rejection of claims 26 through 29 under 35 U.S.C. §§ 102/103 as
anticipated by or, in the alternative, unpatentable over Fromuth, is affirmed. The rejection
of claims 3, 4, 9 through 11, 16, 17 and 21 through 25 under 35 U.S.C. § 103 as
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