Appeal 2006-0990
Application 10/209,369
claim 1 encompasses any mole percent ratio between the diacid residues and
the glycol residues based on the total mole percent of all residues in the
polymer as a whole, wherein the total mole percent of all the diacid and all
the glycol residues in the polymer as a whole ranges from 99 to 99.9 mole
percent and the remaining 0.1 to 1.0 mole percent is the specified mole
percent of the sulfonate component residue. Indeed, there is no basis in the
claim language or the disclosure in the Specification on which to read into
claim 1 the limitation that the mole percent of the sulfonate residue is based
on the total moles of diacid residues when it is a diacid comonomer, or on
the total moles of glycol residues when it is a glycol comonomer
(Specification 10:18-22).
In clear contrast, the aliphatic-aromatic copolyetherester polymers of
the Warzelhan references are described as the polymerization products of at
least two mixtures of reactants stated to comprise at least the specified mole
percent ranges of aliphatic and aromatic dicarboxylic acid reactants in the
diacid first mixture, and, of dihydroxy reactants, among others, C2-6
alkanediols and certain poly(alkylene ether)glycols, in the dihydroxy, that is,
glycol, second mixture. The optional sulfonated reactant when present is
included in the total mole percent of the diacid reactant mixture. See
Warzelhan ‘045, e.g., col. 1, ll. 6-44, col. 3, l. 8, to col. 4, l. 13, and col. 6,
ll. 17-582; Warzelhan ‘248, e.g., col. 1, ll. 8-55, col. 3, l. 30, to col. 4, l. 34,
col. 9, ll. 4-60, and Warzelhan ‘248 Example 2.3
2 The polymer of Warzelhan ‘045 Example 1 is not prepared with a
sulfonated compound.
3 In Warzelhan ‘248 Example 2, the sodium sulfophthalate compound is an
aromatic dicarboxylic acid monomer. The polymer of Warzelhan ‘248
Example 1 is not prepared with a sulfonated compound.
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