Ex parte BENZ et al. - Page 3




          Appeal No. 1998-0269                                                        
          Application No. 08/396,645                                                  

          by the appellants and by the examiner concerning the above                  
          noted rejections.                                                           


                                       OPINION                                        
               These rejections cannot be sustained.                                  
               As correctly pointed out by the appellants, Schrenk                    
          contains no teaching or suggestion of the here claimed method               
          steps for producing the previously described composite.  More               
          specifically, we have studied this reference with particular                
          attention devoted to the specific portions of patentee’s                    
          disclosure referred to in the examiner’s answer but find                    
          therein no teaching or even suggestion of the here claimed                  
          method whereby a composite is formed of alternating layers of               
          incompatible plastics in which a layer of one plastic is                    
          discontinuous at regular intervals to form gaps that are                    
          filled with the other plastic.  On the contrary, the method of              
          Schrenk is explicitly disclosed as forming layers that are                  
          continuous and uniform (e.g., see the paragraph bridging                    
          columns 4 and 5).                                                           
               Various comments made in the answer suggest that the                   
          examiner may believe it is appropriate to ignore certain                    

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