Ex parte PAUL et al. - Page 5




          Appeal No. 1997-1063                                                        
          Application No. 08/414,702                                                  


          those included in the claimed formula and a partially                       
          fluorinated polyolefin having a number average molecular                    
          weight of 30,000 to 1,000,000 selected from a list of the                   
          specifically claimed partially fluorinated polyolefins.  The                
          types and amounts of the block copolymer carbonates and                     
          partially fluorinated polyolefins employed are such that the                
          claimed thermoplastic molding composition must have a flame                 
          retardant rating of V-0 in accordance with UL-94 @ 1/8",                    
          without the addition of any additional flame retarding agents               
          and other agents which may have an impact on the flame                      
          retardant property.  Thus, the claimed thermoplastic molding                
          composition is limited to only those which exhibit an                       
          unexpected flame retardant property as shown in the example at              
          page 7 of the specification.                                                
               As evidence of obviousness of the claimed subject matter               
          under 35 U.S.C. § 103, the examiner relies on the combined                  
          disclosures of Mark and Paul.  However, we find that neither                
          of these references recognizes the importance of using                      
          specific combinations of specific block copolycarbonates and                
          specific partially fluorinated polyolefins to obtain a                      
          thermoplastic molding composition having an unexpected flame                
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