Appeal No. 2000-1131 Page 5
Application No. 08/505,183
semicrystalline polyester with properties such as good chemical resistance, electrical properties
and low moisture absorption.
In view of the teachings and suggestions of Hert in combination with what was known to
those of ordinary skill in the art as evidenced by the Modern Plastics Encyclopedia, it would have
been obvious to one of ordinary skill in the art to have overmoulded or coextruded a vulcanized
elastomer functionalized with carboxylic, epoxy or amino groups on or with a polybutylene
terephthalate semicrystalline polyester to obtain a composite including a thermoplastic layer with
the properties of polybutylene terephthalate. As polybutylene terephthalate is a semicrystalline
polyester, one of ordinary skill in the art would have had a reasonable expectation of success
based on Hert’s disclosure that semicrystalline polyesters may be used in combination with the
TPVs.
Unpatentability over Stevens
Stevens describes a multilayered article such as a fuel hose (col. 3, line 3-5) including a
second layer which is a non-elastomeric fluoroplastic material such as polyvinylidene fluoride
(VF2) and copolymers of VF2 with hexafluoropropylene (HFP) and tetrafluoroethylene (TFE)
(col. 2, lines 21-24) or fluoropolymers containing copolymers of tetrafluoroethylene and ethylene
(col. 2, lines 31-32), compositions which can be used in the thermoplastic layer of claims 1 and
7. This thermoplastic layer is bonded to a non-fluorinated elastomer (col. 2, lines 65-67). The
non-fluorinated elastomer is, for example, an epichlorohydrin elastomer (col. 2, lines 45-47), i.e.
one of the elastomeric compositions recited in claim 1. The elastomer is applied over the
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