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for publication in a law journal and (2) is not binding precedent of the Board.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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