Ex Parte Sosa et al - Page 2

                 Appeal No. 2006-2617                                                                               
                 Application No. 10/729,446                                                                         

                 based copolymers, and particularly polystyrene resins that are modified with                       
                 organic rubber particles, have been investigated for use in applications                           
                 requiring less brittleness.  The modification of polystyrene to reduce                             
                 brittleness is often referred to [as] increasing its impact properties and thus                    
                 the modified polystyrene is said to have higher impact.”  (Id.)                                    
                       The acronym “HIPS” is commonly used to refer to these high impact                            
                 polystyrene blends.  (Id.)  Polybutadiene rubber can be used as an impact                          
                 modifier in HIPS materials.  (Id. at 2.)                                                           
                       The specification discloses that an impact modified polystyrene                              
                 having a haze value of 12 percent or less can be prepared by dissolving a                          
                 styrene-butadiene-styrene block copolymer in styrene monomer, and                                  
                 polymerizing the styrene monomer.  (Specification 3.)   A chemical initiator                       
                 can be used in the polymerizing step, or polymerization can be initiated                           
                 thermally.  (Id. at 7-9.)                                                                          
                                                  DISCUSSION                                                        
                 1.  CLAIM CONSTRUCTION                                                                             
                       Claims 1-30 are pending and on appeal.  Appellants do not argue the                          
                 claims separately.  Therefore, the claims subject to each rejection stand or                       
                 fall together.  37 CFR § 41.37(c)(1)(vii).                                                         
                       Claims 18 and 19 are representative and read as follows:                                     
                 18. A process for preparing an impact modified polystyrene comprising                              
                 dissolving a styrene-butadiene-styrene block copolymer in styrene monomer                          
                 and polymerizing the styrene monomer wherein the impact modified                                   
                 polystyrene has a haze value of less than or equal to 12 percent.                                  
                 19. The process of Claim 18 wherein the polymerization is initiated                                
                 thermally.                                                                                         


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