Ex parte HERT et al. - Page 3




                     Appeal No. 1997-1299                                                                                                                                              
                     Application 08/393,746                                                                                                                                            


                     resin (C).[1]                                                                                                                                                     


                                                                            THE REFERENCES                                                                                             
                     Epstein (Epstein ‘859)          4,172,859         Oct. 30,                                                                                                        
                     1979                                                                                                                                                              
                     Epstein (Epstein ‘358)          4,174,358         Nov. 13,                                                                                                        
                     1979                                                                                                                                                              
                     Hironari et al. (EP ‘280)       0 268 280         May  25,                                                                                                        
                     1988                                                                                                                                                              
                                (European patent application)                                                                                                                          
                                                                             THE REJECTION                                                                                             
                                Claims 2, 3 and 9-13 stand rejected under 35 U.S.C. § 103                                                                                              
                     as being unpatentable over EP ‘280 in view of Epstein ‘859 and                                                                                                    
                     Epstein ‘358.                                                                                                                                                     
                                                                                   OPINION                                                                                             
                                We have carefully considered all of the arguments                                                                                                      
                     advanced by appellants and the examiner and agree with                                                                                                            
                     appellants that the aforementioned rejection is not well                                                                                                          
                     founded.  Accordingly, we reverse this rejection.                                                                                                                 
                                Claim 12, which is the only independent claim, requires                                                                                                
                     that at least one thermoplastic polyamide resin is partially                                                                                                      


                                1 In this claim, it appears that “upstream” should read                                                                                                
                     “downstream”.                                                                                                                                                     
                                                                                          3                                                                                            





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