Appeal No. 1995-4675
Application No. 07/875,452
results due to a lack of consistency and clarity with regard
to the comparative testing referred to therein.
We do not agree with the examiner’s criticisms of the
aforenoted declarations. While certain values of the
comparative data set forth in these declarations may appear to
be inconsistent on a superficial level, the 1994 Parks
Declaration provides a reasonable explanation of such apparent
inconsistencies. Furthermore, particularly in light of this
explanation, we consider these declarations to establish with
an acceptable degree of clarity a showing of unexpected
results as urged by the appellants.
Nevertheless, it is clear to us that the appellants’
declaration evidence is considerably more narrow in scope than
the claims on appeal. More specifically, each of the
comparative tests referred to in these declarations involves
only a single type of amorphous nylon, namely, “Selar PA”
whereas none of the appealed claims are limited to any
particular type of amorphous nylon.
This difference in scope is pivotally significant since
it is well established that rebuttal evidence which is
considerably more narrow in scope than claimed subject matter,
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