Ex parte LILLY - Page 3



              Appeal No. 1996-2626                                                                                     
              Application No. 08/286,046                                                                               

                                                    Background                                                         

                     Applicant describes the invention, at pages 2-3 of the specification, as being                    
              directed to a method for incorporating an anti-static agent into a polymeric material in a               
              spinning extruder and the product resulting from this method.                                            
                                                     Discussion                                                        

                                               Grouping of the claims                                                  
                     At page 5 of the Appellant's Brief (Brief), appellant states that claim 20 does not               
              stand or fall together with claims 18 and 21-24.  Appellant has not separately argued the                
              claims within the group which include 18 and 21-24.  Therefore, in considering the issues                
              presented in this appeal, we have separately considered claim 20 and have considered                     
              18 as representative of claims 18 and 21-24. 37 C.F.R. §1.192(7)(1995).                                  
                                        The rejection under 35 U.S.C. § 103                                            
              Claims 18 and 21-24:                                                                                     

                     In setting forth the basis of this rejection, the examiner relies on Jones as describing          
              (Answer, page 3)                                                                                         
                     a process for introducing additives into thermoplastic melt (see claims of Jones).                
                     One of the additives is an anti-static agent and one thermoplastic material is nylon 6            
                     both of which are claimed in instant claim 18.  Jones feeds the additive in an                    
                     aqueous vehicle together with a dispersant into an extruder.  These additives are                 
                     essentially solids (see claim 13).  Addition of a surfactant is also suggested                    
                     (column 5, lines 32-36).                                                                          






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