Ex parte HOPE - Page 5




                 Appeal No. 95-5125                                                                                                                     
                 Application No. 07/891,300                                                                                                             


                 structure of ethylene oxide homopolymers.  Polyethylene oxide                                                                          
                 is defined in the art as a high molecular weight homopolymer                                                                           
                 of ethylene oxide.   Based upon the above considerations we2,3                                                                                                   
                 determine polyethylene oxide to be a linear high molecular                                                                             
                 weight homopolymer having repeating ethoxy units of the                                                                                
                 structure                                                                                                                              
                 -(CH -CH -O-) -.  By definition, a linear polymer is                                                                                   
                         2     2       n                                                                                                                
                 necessarily free of side chains and crosslinking.  Stated                                                                              
                 otherwise, the introduction of side chains would necessarily                                                                           
                 require the introduction of a unit other than an ethoxy                                                                                
                 moiety.  Similarly, crosslinking would likewise require the                                                                            
                 introduction of an additional chemical moiety capable of                                                                               
                 crosslinking or the use of an external agent such as a free                                                                            
                 radical initiator or radiation, both of which necessarily                                                                              
                 alter the polyethylene oxide structure set forth above.                                                                                
                          Moreover, our interpretation is consistent with                                                                               
                 appellant’s characterization of polyethylene oxide.  They have                                                                         

                          2    Encyclopedia of Polymer Science and Engineering, volume                                                                  
                 6, page 226, lines 4-7 and 27-30, page 246, lines 1-3, John                                                                            
                 Wiley & Sons, New York, 1985.                                                                                                          
                          3    Poly(ethylene Oxide), page 1, lines 1-3, page 2, lines                                                                   
                 1-2, Academic Press, New York, 1976.                                                                                                   
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