Appeal No. 95-1999
Application No. 08/047,381
declaration is not directed to relevant evidence as claim 39,
as amended and now before us, precludes the presence of
styrene. Claim 39 now requires the presence of two aryl
groups on the same carbon.
In section 1.1 of the declaration, declarant prepared
compositions F1 and F2. These compositions are made using a
preferred bifunctional monomer of Foley, hydroxy ethyl
methacrylate. The composition also contains appellants’
preferred diphenylethylene in amount of 5% reflecting
appellants’ claimed proportion and 30% reflecting Foley's
preferred proportions. Upon polymerization in the manner
suggested by Foley, column 5, lines 13-28, declarant observes
solutions F1 and F2 did not harden under the given conditions.
Similarly, in section 1.2 of the declaration, declarant
prepared three compositions designated A1, A2 and A3. The
first two compositions prepared according to appellants’
invention contained 0.02% and 5% 1,1-diphenylethylene
respectively. The third composition outside the scope of
appellants’ invention contained 30% of 1,1-diphenylethylene.
Declarant observed in the Results, section 4.2 that A1 and A2
set. A3 did not set.
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