Ex parte HERT et al. - Page 3




          Appeal No. 1999-0268                                                        
          Application No. 08/650,608                                                  


               We reverse the aforementioned rejections.                              
                              Rejections over Sakazume                                
               Sakazume discloses a thermoplastic resin composition                   
          which contains 1-99 wt% of a polyamide resin, 1-99 wt% of                   
          another resin selected from a specified group, and 0.1-100                  
          parts by weight, based on 100 parts by weight of the above                  
          resins, of a multi-phase structure thermoplastic resin                      
          composed of 5-95 wt% of an acid group-containing olefin                     
          polymer or copolymer and 5-95 wt% of a vinyl polymer or                     
          copolymer obtained from at least one kind of vinyl monomer,                 
          either one or both components of the multi-phase structure                  
          being in the state of a dispersed phase having a particle                   
          diameter of 0.001 to 10 Fm (col. 3, lines 25-44; col. 10,                   
          lines 22-27).                                                               
               The examiner argues that the disclosure by Sakazume that               
          the olefin polymer or copolymer and the vinyl polymer or                    
          copolymer have a multi-phase structure is sufficient evidence               
          that the vinyl polymer or copolymer remains partially                       
          encapsulated by the ethylene polymer or copolymer during the                
          manufacture of the composition to shift the burden to the                   
          appellants to prove otherwise (answer, pages 5-6).  The                     
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