Appeal No. 2006-2680
Application No. 10/710,187
18 discloses a composition embraced by that of applicants containing
polybutylene terephthalate as well as KM concentrate which contains PBT
as well as applicants[’] impact modifier and components PEIE as in
applicants’ polyetherimide.” (Answer 4.)
We reverse this rejection as well.
As discussed supra, a preponderance of the evidence demonstrates
that one skilled in the art would interpret a “polyetherimide” to be a polymer
containing successive aromatic ether bonds made from a condensation
reaction of bisphenols and dinitrobisimides.
In contrast, the compounds used in Run 7 referenced in the rejection
are “polyetherimide esters prepared from butanediol, dimethylterephthalate,
poly(propylene ether) diamine (number average MW 2000) and trimellitic
anhydride . . . .” (Liu ‘765, col. 17, ll. 29-32.) Thus, the polyetherimide
esters of Liu ‘765 are not prepared from a condensation reaction of
bisphenols and dinitrobisimides, as one skilled in the art would understand
“polyetherimides” to be.
Also, based on the starting materials used, the ether bonds in the
polyetherimide esters of Liu ‘765 are present in the polymer’s long chain
alkylene ether moiety, rather than in a chain of successive aromatic ether
bonds, as one of skill would understand to be present in a “polyetherimide.”
The Examiner does not point to, and we do not see, any other
disclosure in the reference of a composition containing “polyetherimides,”
as one skilled in the art would interpret that term. We therefore reverse the
anticipation rejection of claims 1-3 and 8-12 over Liu ‘765.
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