Appeal No. 2000-1854
Application No. 08/993,426
directly within the claimed range of 0.01-5.0% (claim 19).
Accordingly, although Aketa does not describe the silicone resins
as reinforcing agents, per se, we concur with the examiner that
appellants' molding composition is suggested by and, therefore,
prima facie obvious over the Aketa disclosure. We agree with the
examiner that EXAMPLE 12 of Aketa would have provided sufficient
motivation to one of ordinary skill in the art to employ a
thermoplastic elastomer, such as ABS or silicone resins, in the
molding composition of Aketa for the purpose of increasing the
compatibility of the composition and the Izod impact strength
(see page 5 of Answer).
Appellants urge that Aketa discloses silicone resins in a
"laundry list" of thermoplastic resins and, therefore, the
reference does not teach the skilled artisan the combination of a
silicone resin with a phosphite reinforcing agent, citing In re
Baird, [16 F.3d 380, 383,] 29 UPSQ2d 1550, 1552 (Fed. Cir. 1994)
and In re Jones, [958 F.2d 347, 351,] 21 USPQ2d 1941, 1943 (Fed.
Cir. 1992). However, we agree with the examiner that the list of
additional thermoplastic resins disclosed by Aketa is not
tantamount to the "potentially infinite genus" addressed by Baird
and Jones.
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