Ex Parte Draaijer - Page 9

               Appeal 2007-0615                                                                           
               Application 10/204,304                                                                     

               United Chemicals Inc)” (Specification 6).  As shown by the vertically                      
               striped bars in Figure 4, a difference of 40% in light intensity due to thermal            
               degradation exists between embodiments (b) and (c).   This large difference                
               in light intensity due to thermal degradation between fluoridated silicone                 
               polymers indicates substantial variation between fluoridated silicone                      
               polymers such that Appellant’s evidence cannot be said to have established                 
               that the unexpected results occur for all fluoridated silicone polymers.  In               
               fact, the difference in light intensity due to thermal degradation between                 
               embodiment (c) and embodiment (a) (i.e., the conventional silicone material)               
               is only 10%.   This slight difference in light intensity due to thermal                    
               degradation between conventional silicone and fluoridated silicone polymer                 
               suggests that all fluoridated polymers do not behave in an unexpectedly                    
               different manner than conventional silicone.                                               
                     Also, without knowing the organometallic complexes and the                           
               processing and testing conditions that are used to make and test the                       
               exemplary optical sensors of Figures 2 and 4, it is impossible to                          
               meaningfully compare the photobleaching or thermal degradation results of                  
               the various sensors.  For example, without having the experimental                         
               conditions (e.g., composition, processing and testing conditions) we cannot                
               determine if the organometallic complex and processing and testing                         
               conditions used in the conventional silicone example may have resulted in a                
               short lifetime for the organometallic complex, which indicates a substantial               
               amount of photobleaching, or if the organometallic compounds, and                          
               processing and testing conditions in the fluoridated silicone polymer may                  
               have resulted in a long lifetime for the organometallic complex so that less               
               photobleaching would be perceived.  The paucity of information provided by                 

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