Appeal No. 95-3484
Application 08/098,236
8, lines 65-66; specification, page 5, lines 32-33).
Appellants, however, provide in the declaration of Tatsuo
Kinoshita (filed on April 21, 1983, paper no. 8, Appendix G of
appellants’ brief), test results which show the Q and Z values
of the copolymers of Examples I-IV of U.S. 3,676,521 to
Stearns et al. These examples are the same as Examples I-IV2
of the Stearns reference relied upon by the examiner. The
declaration (page 2) shows that the Q and Z values of the
Stearns examples range, respectively, from 3.4 to 4.96 and
from 470 to 6700. All of the Q and Z values are outside the
ranges recited in appellants’ independent claims 1 and 42,
which are appellants’ only independent claims. Thus, the
declaration indicates that the Q and Z values recited in
appellants’ claims are not inherent properties of Stearns’
copolymers.
The examiner argues that the molecular weights of the
copolymers in the declaration are not within Stearns’ range of
2 A discussion of the other declarations of record (Appendices B to F
of appellants’ brief) is not necessary to our decision.
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