Ex Parte Heilmayr - Page 9


                Appeal 2007-1169                                                                                 
                Application 09/850,857                                                                           


                18) Parker teaches that it was known in the art that chlorinated PVC                             
                (“CPVC”) possesses excellent heat distortion characteristics.  (Id. at col. 1,                   
                ll. 7-11).                                                                                       

                             4.     Greenlee, U.S. Patent 5,248,546                                              
                19) Greenlee teaches that CPVC and blends of CPVC and PVC exhibit a                              
                suitable heat distortion temperature range for multilayer articles.  (Greenlee,                  
                Abstract and col. 20, ll.  54-61).                                                               

                       C.    Examiner’s Answer                                                                   
                20) The Examiner found that Heilmayr teaches all material limitations of                         
                Applicant’s claims 1, 3, 5, and 7, except for the use of an impact modifier in                   
                the outer layers.  (Answer 3-4).                                                                 

                21) The Examiner found that Lause teaches that impact modifiers, such as                         
                chlorinated polyethylene and acrylic copolymers, are known in the panel and                      
                siding art to improve impact resistance.  (Answer 5).                                            

                22) The Examiner implicitly found that Heilmayr teaches all material                             
                limitations of claim 8, except for the use of inexpensive scrap material, such                   
                as regrind materials.  (Answer 5).                                                               

                23) The Examiner found that Heilmayr and Lause fail to teach a center                            
                layer comprised of high heat distortion polymers but that one of ordinary                        


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