Appeal No. 2006-2680
Application No. 10/710,187
have also been used as plastic containers for liquids, but frequently exhibit
undesirably high levels of creep, resulting in permanent deformation.” (Id.)
While mixtures of these polymers are known in the art, “manufacture
and molding of such blends can be difficult, especially when a large
proportion of polyester is used. There accordingly remains a need in the art
for improved thermoplastic resin compositions and efficient methods for the
manufacture of such compositions.” (Id. at [0004].)
DISCUSSION
1. CLAIMS
Claims 1-4 and 8-12 are on appeal.
The examiner has objected to claims 5 and 6 as being dependent upon
a rejected base claim, but has indicated that they would be allowable if
rewritten in independent form including all of the limitations of the base
claim. (Final Rejection 4, March 4, 2005.)
Claim 7 is not included in any ground of rejection. In the “Status of
Claims” section of the Appeal Brief, Appellants state that claim 7
“presumably [] is also allowable since it depends from claim 5.” (Br. 1.)
The Examiner stated that “[t]he statement of the status of the claims
contained in the brief is correct.” (Answer 2.)
Appellants have not argued the claims separately. Therefore, the
claims subject to each rejection stand or fall together. 37 CFR
§ 41.37(c)(1)(vii). Claims 1 and 4 are representative and read as follows:
1. A thermoplastic molding composition comprising:
50 to 90 wt.% of a polyester;
8 to 48 wt.% of a polyetherimide; and
2 to 25 wt.% of a high rubber graft impact modifier comprising at least 40
wt.% rubber, the amount of the polyester, polyetherimide, and impact
2
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