Appeal 2007-1945
Application 10/669,215
277 (CCPA 1976) (acknowledging that economic factors alone may provide
sufficient motivation to one of ordinary skill in the art to arrive at the
claimed subject matter).1
PRIMA FACIE OBVIOUSNESS BASED ON ALLEN AND HILBERT
Allen teaches that “it is known to blend polyesters with
polycarbonates to provide thermoplastic compositions having improved
properties over those based upon either of the single resins alone.” (col. 1, ll.
38-42). Allen further teaches:
More recently, certain amorphous copolyesters, i.e., those
having a low degree of crystallinity, have been developed,
…
It has been elsewhere more recently been disclosed that
amorphous copolyesters having a low degree of crystallinity
may be utilized in polycarbonate blends to provide
improvements in impact strength and transparency,
processability, solvent resistance, and environmental stress
cracking resistance. (col. 2, ll. 39-58.)
Allen defines conventional amorphous polyesters as:
[T] he reaction product of a C2-C10 alkylene glycol and an
aromatic dicarboxylic acid[,] e.g., terephthalic or isophthalic
acid. The use of copolyesters of poly(alkylene terephthalate)
type is preferred. More particularly, it is preferred to use
copolyesters of from 99.5% to 94% by weight of poly(alkylene
terephthalate) which contain, incorporated at random in the
1 The Appellants have not disputed the Examiner’s determination at page 4
of the Answer that one of ordinary skill in the art would have been led to
employ the phosphate compounds taught by Small in the thermoplastic
composition suggested by Sublett, with or without Smith or Hamilton. See
Br. and Reply Br. in their entirety.
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