Appeal No. 2006-1330
Application No. 10/212,927
compatiblizer and an organic polar compound that are not recited
in the appealed claims. According to appellants, the claim
language “consisting essentially of” excludes the compatibilizer
and organic polar compound of the reference inasmuch as the
presence of such compounds in the claimed composition would
materially affect the basic and novel characteristics of the
claimed composition.
We agree with the examiner that the language of the appealed
claims fails to exclude the presence of the reference
compatiblizer and organic polar compound from the claimed
composition. For one, claim 1 on appeal, as well as independent
claims 10 and 17, recite the open language “comprising” before
listing claimed steps (a) through (e). Hence, the appealed
claims are “open” to the inclusion of additional steps, such as
the addition of the compatibilizer and organic polar compound of
Guo. Secondly, although appellants make the assertion that the
addition of the compatibilizer and organic polar compound of Guo
would materially affect the basic and novel characteristics of
the claimed composition, the examiner has properly pointed out
that appellants have not offered any rationale, let alone
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