Appeal No. 1996-1372
Application No. 08/003,659
compound of Shibuya, e.g., D-1, upon molding (page 7, lines 35-36) in the resin blend of Shibuya
“[f]or the purpose of further ensuring mechanical properties” (page 6, lines 48-50).
Finally, the amount of diamide compound sufficient to provide an increased proportion of ß-form
crystal as described in the specification is generally about 0.0001 to 5 parts by weight of polypropylene
resin (page 24, lines 2-9) and overlaps with Shibuya’s most preferred use of “from 2 to 15 parts by
weight, per 100 parts by weight of the total amount of the components (a), (b), and (c)” (page 8, lines
1-2).
Thus, we affirm the rejection of claims 22 and 12-10 under 35 U.S.C. § 103.
III. Diamide compound claim
Initially, we note that the appendix of claims originally appended to the brief incorrectly
18
indicated that R could be cyclohexyl in claim 21. Appellants submitted a substitute appendix of claims
18
(Paper No. 29, filed June 10, 1999) which correctly recited that R in claim 21 was either naphthylene
2
or biphenylene. According to the examiner, “only certain of the present species of claim 21 have been
18 3
indicated to be allowable” (answer, page 4), i.e., species wherein R is naphylene or biphenylene.
2 Claims 1 and 22 as submitted in the substitute appendix still contain errors vis-a-vis the claims as
appended during examination as indicated in the appendix of claims attached to this decision.
In the final Office action mailed September 28, 1994, the examiner stated “applicant’s declaration [i.e., the3
1
IKEDA declaration] would indicate unexpected results for species of formula (1) wherein R is naphthylene or
biphenylene, claims limited to this particular species and meeting all other criteria of patentability would be
19 18 20
allowable” (page 3). Formula (4) of claim 21 is a species of formula (1) wherein the R , R , and R of formula (4) are
2 1 3
limited to specific R , R and R substituents.
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