Ex parte LEGARE et al. - Page 8




                 Appeal No. 95-3985                                                                                                                     
                 Application No. 08/016,644                                                                                                             


                 id.  Hence, there is no teaching in Bowers that enables one to                                                                         
                 generalize from irradiation of his copolymers to                                                                                       
                 fluoropolymers in general.  The examiner’s contention that                                                                             
                 fluoropolymers are homologous is not supported.                                                                                        
                 Moreover, patentee’s statement that either degradation                                                                                 
                 or crosslinking may be obtained is supported by a teaching in                                                                          
                 Table VI, bridging columns 7 and 8, that polytetra-                                                                                    
                 fluoroethylene and polyhexafluoro-propylene both degrade when                                                                          
                 subjected to high energy ionizing radiation at temperatures in                                                                         
                 excess of their glass transition temperature , the former                      4                                                       
                 having a decreased melt viscosity and the latter a                                                                                     
                 substantially lowered inherent viscosity.  Accordingly, we                                                                             
                 find that the person having ordinary skill in the art                                                                                  
                 following the teachings of Bowers with respect to irradiation                                                                          
                 at temperatures in excess of the glass transition temperature                                                                          
                 would not have known whether the fluoropolymers would have                                                                             
                 degraded or crosslinked.                                                                                                               
                          Finally, the examiner’s assertion that, “[A]ppellants’                                                                        
                 claims encompass fluoropolymers containing terminally                                                                                  

                          4    Polymer Handbook, J Brandrup et al., III-64 to III-65,                                                                   
                 Interrscience Publishers, New York, 1966.                                                                                              
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