Appeal No. 95-2035
Serial No. 08/083,864
Tong II acknowledges that polydispersity index and melt flow ratio both provide information on
molecular weight distribution (page 2). Since the preferred blend of Bailey appears to have identical or
substantially identical polydispersity index and melt flow ratio properties to that claimed, it would also
appear to have an identical or substantially identical molecular weight distribution to that claimed. None
of the affidavits provides a direct comparison of molecular weight distribution or flow ratio between the
claimed polymer blends/components and the preferred polymer blends/components of Bailey.
Additionally, while appellants rely on a "calculated" comparison using Bailey's disclosed regression
model equations, appellants have not provided any reasoning to show that one of ordinary skill in the
art would have reasonably expected Bailey's regression model equations to be equally applicable to the
experimental data of specification examples 3-5. There is no showing that the specification data was
obtained under identical experimental conditions of temperature, catalyst, ethylene/comonomer ratio,
etc., and, if not, what the effects of any differences might be. Indeed, Bailey used different load
amounts in obtaining high load melt index and melt index data than appellants did. Appellants have the
burden of explaining the data. In addition, appellants argue the Tong and Shirodkar affidavits "reflect
the different requirements of film versus blow molding products" (Brief page 15). Tong I states Bailey
is targetted to film manufacture (page 1). However, these arguments are not persuasive because
Bailey explicitly states his polymer blends are useful for film manufacture or in blow molding techniques
(abstract). Finally, the lack of flow ratio data in Bailey is not evidence that "Bailey does not suggest our
products," contrary to the Tong II affidavit (Tong II, paragraph bridging pages 3-4). Therefore, based
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