Ex parte SAMEER H. ELDIN et al. - Page 11

          Appeal No. 95-5080                                                           
          Application 07/952,122                                                       

          inconclusive to establish that the claimed epoxy resin exhibits a            
          difference, that the difference actually obtained is unexpected              
          and of a practical advantage.  In re Freeman 474 F.2d 1318, 1324,            
          177 USPQ 139, 143 (CCPA 1973), citing In re Klosak, 455 F.2d                 
          1077, 1080, 173 USPQ 14, 16 (CCPA 1972). See also In re                      
          D'Ancicco, 439 F.2d 1244, 1248, 169 USPQ 303, 306 (CCPA 1971).               
                    Eldin’s test composition B which is allegedly based                
          upon Henton, employs an epoxy resin, toughener and amine curing              
          agent but does not include a hardener, as disclosed and claimed              
          by Henton.  Test composition A based upon the instant claims,                
          employs an epoxy resin, a toughener, a hardener-amine accelerator            
          combination and bisphenol A.   Eldin concludes that the results              
          show the unexpected superiority of the claimed composition over              
          those of Henton with respect to fracture toughness--the products             
          according to the invention are said to exhibit an improvement of             
          about 70% over those of Henton.                                              
                    As noted, composition A includes components b and d                
          whereas test composition B contains neither.  Hence, the two                 
          tested compositions differ by more than the addition of the                  
          component having two active hydrogen atoms.  Since Henton                    
          discloses and claims the addition of a hardener, and the hardener            
          is not part of test composition B, the comparison is not truly               


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007