Appeal No. 2000-0595
Serial No. 09/025,400
According to appellants, the invention is directed to a
method of making a melt blended composition useful as an adhesive
for electronic applications, where the method requires melt
blending at temperatures greater than 150°C. components including
polyphenylene ether (PPE), polystyrene (PS), and an uncured epoxy
(Brief, page 4). A copy of illustrative independent claim 1 is
attached as an Appendix to this decision.
The examiner has relied upon Chao et al. (Chao), U.S.
Patent No. 5,001,010, issued Mar. 19, 1991, as evidence of
obviousness. The claims on appeal stand rejected under 35 U.S.C.
§ 112, second paragraph, as being indefinite due to the claimed
term “curable epoxy” (Answer, pages 2-3). The claims on appeal
also stand rejected under 35 U.S.C. § 103(a) as unpatentable over
Chao (Answer, page 3). We reverse both of the rejections on
appeal for reasons stated in the Brief, Reply Brief, and as set
forth below.
OPINION
A. The Rejection under § 112, ¶2
The examiner states that the claimed term “curable epoxy”
merely defines a “functionality” which is not curable in the
-2-
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