Appeal No. 1997-3392
Application 08/297,946
polyblend morphology is produced, and disclose how to control
the molecular weights of the phases of the polyblend
(specification, pages 8-11). The examiner has not pointed out
where Cunningham discloses process steps for producing a
polyblend of a low molecular weight dispersed phase in a high
molecular weight continuous phase, rather than making
Cunningham’s polyblend of a high molecular weight dispersed
phase in a lower molecular weight continuous phase. Also, the
examiner has not explained why Cunningham would have fairly
suggested, to one of ordinary skill in the art, carrying out
the disclosed process such that the high and low molecular
weight domains of the polyblend are reversed relative to those
desired by Cunningham. The examiner, therefore, has not
carried the burden of establishing a prima facie case of
obviousness of the appellants’ claimed invention over
Cunningham. Consequently, we reverse the rejection under 35
U.S.C. § 103.
DECISION
The rejections of claims 1-15 and 17-30 under 35 U.S.C.
§ 112, first paragraph, enablement and written description
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