Appeal No. 2002-1001
Application No. 09/202,906
Hence, the Mw of Aldrich’s polyethylene glycol is irrelevant to
the facts of this case.1 Additionally, the appellants do not
identify any evidence in the specification or elsewhere to
establish that the polypropylene glycol used in the
specification examples was purchased from Aldrich and that the
molecular weight information was obtained from Aldrich.
Contrary to their counsel’s unsupported allegation (appeal
brief, page 3), the appellants have failed to identify any
evidence in the specification or elsewhere to establish that one
skilled in the relevant art would have understood the molecular
weight values reported in the specification as Mw values.
The appellants also contend that the use of the term “mole”
in conjunction with the term “average molecular weight” in the
examples (specification, page 5, lines 8-9) “clearly conveys to
one of ordinary skill in the art that weight average molecular
weight is meant by [the] appellants.” (Appeal brief, page 4.)
However, the appellants have failed to present any persuasive
scientific reasoning or sufficient evidence to support this
position.
1 It is interesting to note that Aldrich Handbook of Fine
Chemicals and Laboratory Equipment 1387-88, T827 (2000-01), copy
attached, reports the molecular weights of its commercial
polypropylene glycols in terms of Mn. This undercuts the
appellants’ argument that the molecular weight value reported
for the polypropylene glycol in the specification examples is Mw.
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