Appeal No. 2006-2680
Application No. 10/710,187
modifier being based on the total combined weight of the thermoplastic
molding composition.
4. The composition of Claim 1, wherein the polyester comprises
polyethylene terephthalate.
2. ANTICIPATION BY LIU ‘380
Claims 1-3 and 8-12 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Liu ‘380.1 The Examiner reasons: “Run 6 in Table 1 column
16 discloses a composition containing applicants' components in applicants'
amount having a component ‘PEE’ as in applicants' polyetherimide; KM
653/315 graft copolymer as in applicants' impact modifier and polybutylene
terephthalate polyester (Valox 315).” (Office action mailed October 13,
2004, 2-3; cited in Answer 4.)
Appellants argue that the compositions disclosed in Liu ‘380 contain
“what the patentees . . . have named as a polyetherimide ester (PEIE),” a
product which is not encompassed by the term “polyetherimide” in claim 1.
(Br. 3.)
Appellants argue that “[t]he term polyetherimide (PEI) has a
recognized meaning in the art, which is the meaning given in the present
application.” (Id.) Appellants point out that volume 12 of the Encyclopedia
of Polymer Science and Engineering (1988), at pages 371 and 372 (Table 5),
explains that “polymers derived from condensation of diamines and
dianhydrides, which have imide containing groups disposed between
successive aromatic ether bonds are called polyetherimides.” (Br. 3.)
Appellants urge that this definition is consistent with both structure II in
1 Liu, U.S. Patent 4,814,380, issued March 21, 1989.
3
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