Ex parte SCOTT - Page 2




                 Appeal No. 1997-1498                                                                                                                   
                 Application No. 08/251,148                                                                                                             


                 application.                                                                                                                           


                          According to appellant (Brief, page 2), “[t]he claims                                                                         
                 stand or fall together.”  Therefore, we select claim 1, the                                                                            
                 broadest claim in this application, as the representative                                                                              
                 claim upon which we will decide this appeal consistent with 37                                                                         
                 CFR  1.192(c)(7) and (c)(8) (1995).  Claim 1 is reproduced                                                                            
                 below:                                                                                                                                 
                          1.  A visually clear blend of thermoplastic polymers                                                                          
                 comprising a polyetherimide and a polyester of (a) an acid                                                                             
                 component comprising 2,6-naphthalene dicarboxylic acid and (b)                                                                         
                 a glycol component comprising at least one glycol selected                                                                             
                 from the group consisting of ethylene glycol, 1,3-trimethylene                                                                         
                 glycol, 1,4-butanediol, 1,5-pentanediol, 1,6-hexanediol, 1,7-                                                                          
                 heptanediol, neopentyl glycol, 1,4-cyclohexanedimethanol and                                                                           
                 diethylene glycol, wherein the amount of said 2,6-naphthalene                                                                          
                 dicarboxylic acid in the acid component is greater than about                                                                          
                 30 mol% when 1,4-cyclohexane-dimethanol is present in said                                                                             
                 glycol component.                                                                                                                      
                          The sole prior art reference relied upon by the examiner                                                                      
                 is:                                                                                                                                    
                 Minnick                                      5,284,903                           Feb.  8, 1994                                         
                                                                                (Filed Dec. 23, 1992)                                                   
                          The appealed claims stand rejected as follows :                                  2                                            

                          2The examiner has withdrawn the rejection of claims 3                                                                         
                 through 17 and 19 through 21 under 35 U.S.C.  112, second                                                                             
                 paragraph, set forth in the final Office action and the                                                                                
                                                                           2                                                                            





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