Ex parte MONTAG et al. - Page 4




                 Appeal No. 1996-3729                                                                                                                   
                 Application No. 08/253,839                                                                                                             


                 (b) from about 1 to about 30 wt% based on resin components                                                                             
                 (a) and (b) of a pendant succinic anhydride-functionalized                                                                             
                 block copolymer comprising polymerized styrene blocks and                                                                              
                 rubber blocks comprising ethylene/propylene,                                                                                           
                 ethylene/butylene, or ethylene/pentylene polymer blocks or a                                                                           
                 combination thereof; and                                                                                                               
                 (c) from about 10 to about 60 wt%, based on total                                                                                      
                 composition, structural fiber selected from glass fiber and                                                                            
                 carbon fiber.                                                                                                                          
                 20.  The polyamide composition of claim 19 comprising from                                                                             
                 about 99 to about 90 wt% said polyphthalamide and from about 1                                                                         
                 to about 10 wt% said functionalized block copolymer.                                                                                   
                          The following three prior art references are relied upon                                                                      
                 by the examiner as evidence of obviousness:                                                                                            
                 Saito et al (Saito)                                   4,849,471                           July 18, 1989                                
                 Taubitz et al (Taubitz)                               4,990,564                           Feb.  5, 1991                                
                 Koch et al (Koch)                            5,071,924                           Dec. 10, 1991                                         
                          Claims 20 and 34-38 stand rejected under 35 U.S.C.  103                                                                      
                 for obviousness in view of Saito in combination with Taubitz                                                                           
                 and Koch.2                                                                                                                             
                          We have carefully considered the entire record in light                                                                       
                 of the opposing positions presented on appeal.  Having done                                                                            
                 so, we conclude that the examiner has established a prima                                                                              

                          2We note that all of the pending claims were additionally                                                                     
                 rejected under 35 U.S.C.  112, second paragraph, in the final                                                                         
                 rejection (Paper No. 14).  Since that rejection is not                                                                                 
                 maintained in the examiner's Answer, we presume that the 35                                                                            
                 U.S.C.  112 rejection has been withdrawn.                                                                                             
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