Ex parte SHAMSHOUM et al. - Page 7




          Appeal No. 1997-1684                                                        
          Application No. 08/223,916                                                  


               (2) in some cases, the xylene solubles for particular                  
          combinations of electron donors was less than when either of                
          the electron donors was used alone (Tables 1-2 as compared to               
          Table 4); and                                                               
               (3) the polydispersity ("D" values) of the polymer                     
          product for one particular combination of electron donors (the              
          DIDS/CMDS system) at specified molar ratios was greater than                
          when either of the electron donors was used alone (Tables 5-                
          6).                                                                         
               The examiner does not directly refute appellants' showing              
          of unexpected results.                                                      
               The examiner focuses on claimed ranges of polydispersity               
          and xylene solubles rather than analyzing the particular                    
          effects on these parameters when using a combination of                     
          electron donors as demonstrated by appellants.  Demonstrated                
          results need not be specifically claimed in order to serve as               
          evidence of nonobviousness.  See Ex parte Strobel, 160 USPQ                 
          352, 353,                                                                   
          (Bd. of App. 1968);  In re Zenitz, 333 F.2d 924, 927, 142 USPQ              
          158, 161 (CCPA 1964).                                                       


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