Appeal No. 2001-1904
Application 09/240,450
(b) a poly(oxyalkylene) polymer wherein the weight ratio of
said fluorothermoplastic polymer to said poly(oxyalkylene)
polymer is in the range of from about 1:1 to 1:0.25.
The examiner relies upon the following references as
evidence of unpatentability:
Priester 5,587,429 Dec. 24, 1996
Blong et al. (Blong) 5,710,217 Jan. 20, 1998
Claims 1, 8-14, 16, 21, and 22 stand rejected under
35 U.S.C. § 103 as being unpatentable over Blong.
Claims 1 and 3-21 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Priester.
We note that on page 4 of the answer, the examiner has
indicated that the 35 U.S.C. § 112, first paragraph, rejection
have been withdrawn.
OPINION
For the reasons set forth in the answer, and below, we
affirm each of the rejections noted above.
I. The Rejection involving the Reference of Blong
On page 12 of the brief, appellant argues that “Blong
excludes any level of vinylidene fluoride above 15 weight
percent(wt%)”.
On page 4 of the answer, the examiner states that Blong
teaches from 0 to 15 weight percent of monomers, such as a
vinylidene fluoride, can be used in the fluoropolymer.
Upon our review of Blong, we find that Blong teaches an
amount of from 0 to 15 weight percent of vinylidene fluoride.
See, for example, column 3, lines 10-13.
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