Appeal No. 1996-0214
Application 07/755,603
(brief, page 9). Thus, a succination ratio is equal to the4
functionality ratio if all of the polymer reacts, and
otherwise is greater than the functionality ratio. See id.
It is argued in Texaco’s opposition to appellants’
assignee’s European patent application 0 208 560 (attachment
to paper no. 17 filed August 15, 1994) that Meinhardt’s ratio
is a succination ratio. The reasoning relied upon in the
opposition is that since the ratio based on the reacted
polymer is of interest, Meinhardt’s ratio must be a
succination ratio. In the response to the opposition,
appellants’ assignee argues that Meinhardt’s ratio is a
functionality ratio (attachment to paper no. 17 filed August
15, 1994). The argument in appellants’ brief
is similar to that in the response to the opposition. This
argument is that because Meinhardt’s examples do not disclose
the fraction of the polymer which has been substituted with
succinic groups, the examples permit the functionality ratio,
4 The formulas for calculating a functionality ratio and a
succination ratio are shown in appellants’ brief (page 9).
6
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