Ex parte SCOTT - Page 10

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


                          Although Minnick generically describes polymer blends                                                                         
                 having the claimed ingredients, it does not provide any                                                                                
                 guidance of forming the claimed visually clear blend of                                                                                
                 thermoplastic polymers.  We agree with appellants that:                                                                                
                          Minnick is silent as to visual clarity [regarding its                                                                         
                          polymer compositions] and in fact, Minnick’s preferred                                                                        
                          composition (100 mol% CHDM/100 mol% T) is cloudy.3                                                                            
                 We also observe that Minnick does not recognize specific                                                                               
                 proportions of 2, 6-naphthalene dicarboxylic acid in the acid                                                                          
                 component of a polyester as a result effective variable for                                                                            
                 forming a visually clear blend of thermoplastic polymers.  See                                                                         
                 Minnick in its entirety.  On this record, we are constrained                                                                           
                 to agree with appellants that Minnick would not have rendered                                                                          
                 the claimed subject matter prima facie obvious to one of                                                                               
                 ordinary skill in the art.  Accordingly, we reverse the                                                                                

                          3See Minnick in its entirety in conjunction with Table 1                                                                      
                 on page 12 of the specification.                                                                                                       

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