Appeal No. 95-1209
Application No. 07/842,480
of Miyake. Brief at pages 9-10; Reply Brief at pages 2-4. In
support of their contention, appellants have provided evidence
that melt-processing temperatures for HDPE are typically in
the range of 200EC, considerably higher than the melting
temperature or the 150EC used by Miyake. Appellants also
disclose the use of a twin-screw extruder for obtaining the
homogenous melt blends that are said to be prerequisites for
the final product. Single screw extruders did not provide
sufficient blending in the comparative example presented in
the specification at pages
10-11. Moreover, appellants urge the examiner’s reliance on a
comparative example vitiates the motivation to use at most
only one third as much of an additive that Miyake appears to
regard as providing an inferior degree of improvement. Brief
at pages
15-16.
As emphasized by appellants, the example relied on by the
examiner is a comparative example. The thrust of Miyake is to
obtain significantly higher values of Q, which would require
higher, not lower, concentrations of additive. As a
predecessor to our reviewing court explained:
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