Ex parte AGARWAL - Page 8




              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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