Appeal No. 1997-4443
Application No. 08/246,019
Appellants argue that since the major component of Yasumatsu’s composition is
vinyl chloride, the OTR of Yassumatsu would not be essentially the same as the OTR of
appellants’ invention.
The examiner rebuts, in his supplemental examiner’s answer of paper no. 14 that
Yasumatsu teaches limited scope of vinyl chloride/vinylidene chloride polymer (Saran
Types). The examiner also states that appellants have not submitted comparative data in
connection with Yasumatsu.
Appellants, in their second reply brief, argue that Yasumatsu discloses vinyl
chloride resin compositions. Nowhere is vinylidene chloride resin composition
mentioned. Appellants argue that it is known that “vinly chloride resin” refers to
polyvinyl chloride polymers and the various copolymers of vinyl chloride formed by
polymerizing vinyl chloride with other copolymerizable materials wherein vinyl chloride
is the major component (more that 50 percent).
Appellants argue that with regard to the term “Saran ™”, the term is known to
refer to vinylidene chloride homopolymers and copolymers containing vinylidene
chloride as the major component. Appellants submit that Yasumatsu does not represent a
broad class of “Saran” polymers.
In a second supplemental answer the examiner states that the evidence submitted
by appellants is not sufficient to establish differences in OTR because the polymers of
Yasumatsu is not limited to polyvinylchloride. The examiner states that Yasumatsu only
represents a broad class of “Saran” polymers rather than specific saran recited on page 99
of the Poly. Monograph publication. Lastly, the values recited in appellants’ claim of
“about 9” overlap the valves of 16 in the Poly. Monograph.
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