CHENEVEY et al. V. BAARS et al. - Page 29




              Interference No. 103,169                                                                                 


              incorporated in to their proposal: and (3) BX P, the FM proposal submitted to the AF on                  
              January 31, 1983.                                                                                        
                     BX J sets forth the steps of (1) using a solution (PPA); (2) orienting the molecules              
              by, e.g., extrusion and blowing, extrusion with lateral shear(spin) and stretching; and (3)              
              coagulating with water (see BX J20).  Lusignea and Davis testified that extrusion with                   
              lateral shear involves the use of a “counter-rotating die” (BR 9:840-43 and BR 1: 39-41).                
              Guzdar confirms this meeting and the discussion therein (BR 4:370-379, 365-366).  BX N                   
              describes a process for the extrusion of PBT from a solution of PBT and PPA which                        
              includes tube extrusion with a counter-rotating die followed by coagulation and removal of               
              the solvent (BX 39-40).  BX P describes a process for producing biaxial oriented films of                
              PBT by extruding PBT in PPA, its polymerization solvent, through a counter-rotating die                  
              followed by coagulation and removal of the solvent.  Baars et al. assert that the disclosure             
              in each of BX N and BX P is directed to PBT in PPA (its polymerization solvent) and                      
              describes the use of the polymerization mixture as set forth in the count.                               
                     Chenevey et al.’s sole argument with regard to the Baars et al. conception is that                
              Baars et al. proposal, BX P, does not show that Baars et al. contemplated the use of a                   
              ?polymerization mixture” as set forth in step (i) of the count.  We do not find the Chenevey             
              et al. argument to be persuasive.  The Baars et al. record demonstrates that the                         
              polymerization mixture was contemplated by the inventors.  BX P, 2-5 states ?...it                       



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