Ex parte HAYES - Page 8




          Appeal No. 95-0311                                                          
          Application No. 07/976,846                                                  


               prior art composition.  Again see example 25, test                     
               compound 39 of the patent.                                             
          We take this to mean that the comparisons are not side by side              
          and do not consider the closest prior art compounds.                        
               Appellant’s Table I measures thermal stabilization of                  
          various prior art compounds in polyacetal as compared to                    
          appellant’s compound, 0.30 acetylated 1A, which is 1,3,8-                   
          triaza-3-dodecyl-8-acetal -7,7,9,9-tetramethyl-spiro                        
          [4,5]decane-2,4-dione.   Appellant has tabulated his results4                                                     
          as the time necessary to achieve a 3.0 wt% CH O loss at 259EC.              
                                                       2                              
          On the other hand, Murayama, example 25, appearing at column                
          39, lines 21 to 45, in particular Table 9, tabulates his                    
          results with respect to his compounds as the percent reduction              
          in weight at 222EC after 30 minutes.  Since appellant has not               
          tabulated his results in the same manner as Murayama’s Table                
          9, the results are not side by side comparisons from which we               
          can ascertain whether appellant’s representative compound                   
          exhibits any unexpected results over any of the compounds                   
          listed in example 25, which compounds would be expected to                  


               4This compound differs in one respect from compound 170                
          of Murayama in that in the 3 position of Murayama’s compound                
          has octyl whereas appellant’s compound has dodecyl.                         
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