Appeal No. 1996-0214
Application 07/755,603
but not the succination ratio, to be calculated. It is also
argued in the opposition and the brief that even if Meinhardt
discloses a succination ratio, then because the fraction of
the polymer which has been substituted with succinic groups is
not reported, it is impossible to determine whether the
corresponding functionality ratio falls within the range
recited in appellants’ claims.
Meinhardt’s claims 1, 50 and 59 cut against appellants’
argument because they recite that the substituted acylating
agents “consist of” substituent groups, derived from
polyalkene, and succinic groups, and have at least 1.3
succinic groups for each equivalent weight of substituent
groups. The “consists of” language indicates that the
acylating agents all have both substituent groups and succinic
groups. Thus, these claims indicate that Meinhardt’s ratio is
a succination ratio. Also, the disclosures that the
substituent groups are “derived from” polyalkene and that
there are at least 1.3 succinic groups for each equivalent
weight of substituent group (col. 3, lines 52-61) indicate
that the ratio is based on substituent groups formed from
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