Ex parte SPENCER - Page 3




          Appeal No. 2000-0605                                                        
          Application No. 08/803,779                                                  


          respective positions of the appellant and the examiner with                 
          regard to the merits of these rejections.                                   
                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  For the reasons which follow, we cannot sustain the              
          examiner's rejections.                                                      
                                    The prior art                                     
               Hillier discloses thermoplastic polymers comprising                    
          nonvulcanized radial block copolymers of the diene-aryl                     
          substituted olefin butadiene-styrene type blended with other                
          polymeric or copolymeric materials, such as polyesters,                     
          polyester urethane polymers and polyether urethane polymers,                
          to form plastic compositions which have sufficient clarity,                 
          hardness, tensile strength and elongation to be readily                     
          adaptable for use in composing plastic materials for contact                
          with parenteral fluids.  Hillier teaches that the disclosed                 
          compositions have such a high degree of clarity that they can               
          replace polyvinylchloride (PVC) as a material in the forming                
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