Appeal No. 1998-3094
Application No. 08/550,968
The appellants argue that their claims have been limited
to certain charge improving compounds which are less than 10%
of the total spin liquid (brief, page 4). The claimed
solution actually includes up to 10 wt% of at least one group
A compound, not less than 10 wt%. As discussed above, Shin
discloses group A compounds present in an amount of 10 wt%.
The appellants argue that Shin’s spin liquids must
contain more than 10 wt% co-solvent in order for Shin’s goal
of increasing the cloud point by at least 200 psig to be
reached
(brief, page 4). The solution in the appellants’ claim 37 is4
anticipated by the disclosed Shin solutions discussed above
regardless of whether they are capable of producing Shin’s
desired cloud point increase.
Moreover, although Shin teaches that the amount of co-
solvent must be greater than 10 wt% and must be sufficient to
raise the cloud point by 200 psig (col. 3, lines 4-10 and 42-
47; col. 4, lines 24-30), the disclosure that an amount of co-
solvent of 10 wt% produces the desired cloud point increase
4This argument is not factually correct because as shown in Shin’s
figures 1, 3 and 4, addition of 10 wt% of the co-solvent increases the cloud
point by 200 psig or more.
6
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