Ex Parte SMITH et al - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                     

           The opinion in support of the decision being entered today (1) was not written
           for publication in a law journal and (2) is not binding precedent of the Board.
                                                                Paper No. 21         


                      UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                    
                          BEFORE THE BOARD OF PATENT APPEALS                         
                                  AND INTERFERENCES                                  
                                     ____________                                    
                      Ex parte THOMAS W. SMITH and DAVID J. LUCA                     
                                     ____________                                    
                                 Appeal No. 1997-3376                                
                              Application No. 08/176,187                             
                                     ____________                                    
                                       ON BRIEF                                      
                                     ____________                                    
         Before KIMLIN, JOHN D. SMITH, and DELMENDO, Administrative Patent           
         Judges.                                                                     
         DELMENDO, Administrative Patent Judge.                                      


                                  DECISION ON APPEAL                                 
               This is a decision on an appeal under 35 U.S.C.  134 from            
         the examiner's final rejection of claims 1 through 5, 7 through             
         14, 16 through 19, and 25, which are all of the claims pending in           
         this application.  Claim 1 is representative and is reproduced              
         below:                                                                      
               1.  A composition comprised of a composite comprised of an            
         aromatic or heteroaromatic polymer comprised of monomer or                  
         monomers selected from the group consisting of pyrrole, indole,             
         thiophene, thianaphthene, indene, azulene and ring pendant                  
         substituent derivatives thereof as a discrete phase; and a block            
         copolymer as a continuous phase selected from the group                     
         consisting of ionophoric and ionomeric copolymers, wherein the              






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