Ex parte PATEL et al. - Page 3




          Appeal No. 1996-3582                                                        
          Application No. 07/828,083                                                  




               The claims on appeal are directed to multi-layered                     
          medical grade tubing including two layers which are each                    
          composed of particular polymer blends which do not include PVC              
          or DEHP.  According to appellants’ specification, the claimed               
          product                                                                     
          possesses essential characteristics required for use as                     
          medical grade tubing while not having disadvantages associated              
          with use of DEHP-plasticized PVC tubing.  Claim 1, the sole                 
          independent claim, is illustrative of the subject matter on                 
          appeal:                                                                     
               1. A medical grade tubing comprising a multilayer                      
          coextruded structure that does not include PVC or DEHP                      
          including a layer comprising a blend of polyurethane and                    
          polyester, a tie layer and at least a layer comprising a blend              
          chosen from the group consisting of: polypropylene,                         
          ethylenevinyl acetate, and polyurethane; polypropylene and                  
          styrene-ethylene-butylene-styrene; polypropylene, styrene-                  
          ethylene-butylene-styrene, and ethylenevinyl acetate;                       
          polypropylene, ethylenevinyl acetate, styrene-ethylene-                     
          butylene-styrene, and thermoplastic polyester elastomer;                    
          polypropylene, ethylenevinyl acetate, styrene-ethylene-                     
          butylene-styrene, thermoplastic polyester elastomer, and                    
          polyurethane; polyester, thermoplastic polyester elastomer,                 
          and polyurethane; polyurethane and polyester; and                           
          polypropylene, styrene-ethylene-butylene-styrene, and                       
          polyurethane.                                                               
               The sole reference relied upon by the examiner under                   

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