Appeal No. 2000-0595
Serial No. 09/025,400
this finding, the examiner concludes that “[i]t is well within
the purview of Chao et al to melt blend the polyphenylene ether
and curing agent with the liquid polyepoxide between the solvent
evaporation temperature of about 150°C to below the curing
temperature of 240°C in order to uniformly mix the components
while preventing premature curing.” Id. We disagree with the
examiner’s conclusion since it is without any factual basis on
this record.
Regarding the melt blending step at temperatures greater
than 150°C. as claimed by appellants (claim 1), the examiner has
merely set forth a conclusionary statement that such a melt
blending temperature would have been “within the purview of Chao”
but has not supported this conclusion with any factual basis. See
In re Lee, 277 F.3d 1338, 1343, 61 USPQ2d 1430, 1434 (Fed. Cir.
2002). The examiner has failed to point out where Chao discloses
or suggests “melt blending” of all components, much less melt
blending at the temperatures required by claim 1 on appeal. The
examiner’s finding that Chao discloses blending at 55°C. (Answer,
page 3) appears incorrect since Chao, in Example 2, teaches
preparing a solution of the components in “hot toluene” without
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