Ex parte MAGERSTEDT et al. - Page 4




                                                                                                                4                
                      E1)     1 to 60 parts by wt. of  magnesium calcium carbonate hydrate;                                      
                      E2)     0 to 30 parts by wt. of fillers and reinforcing materials selected from the                        
                              group consisting of glass fibers, glass beads, mica, silicates, quartz, talc,                      
                              titanium dioxide and wollastonite                                                                  

                      and optionally one or more of lubricants, mold release agents, nucleating agents,                          
               antistatic agents, stabilizers, colorants or pigments.                                                            


               THE REFERENCES OF RECORD                                                                                          

               As evidence of obviousness, the examiner relies upon the following references.                                    

               Gareiss                       5,298,647              Mar, 29, 1994                                                
               De Wit et al. (WO’314)        WO92/11314                    July    9, 1992                                       
               (European Patent Application)                                                                                     

               Arthur and Elizabeth Rose "The condensed chemical dictionary,” 6th ed., Reinhold Publishing, p. 690               
               (August, 1961).                                                                                                   
                                                                                                                                

                                                       THE REJECTION                                                             

               Claims 9, 10 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable over WO’314                        

               in view of Gareiss.                                                                                               

                                                        OPINION                                                                  

                      We have carefully considered all of the arguments advanced by appellants and the examiner                  

               and agree with the appellant that the aforementioned rejection is not well founded.  Accordingly, we              

               reverse.                                                                                                          

               The  § 103 Rejection                                                                                              











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