Ex parte STACEY et al. - Page 4




          Appeal No. 97-0313                                                          
          Application No. 08/346,083                                                  


          an optical fiber, and the monomers of the present invention is              
          that the McAllister monomers contain a methacrylate group                   
          whereas appellants' monomers contain a fluoroacrylate group.                
          Appellants also do not refute the examiner's legal conclusion               
          that it would have been obvious for one of ordinary skill in                
          the art, based on the equivalency between a fluoroacrylate                  
          group and a methacrylate group demonstrated by French '510, to              
          substitute appellants' fluoroacrylate group for the                         
          methacrylate group of McAllister in order to obtain a polymer               
          having a lower refractive index, lower attenuation and higher               
          glass transition temperature.  Rather, it is appellants'                    
          position that:                                                              
               Athough the suggested increase in the Tg, lower                        
               refractive index, and lower attenuation of the                         
               McAllister polymer(s) by replacing the methyl groups                   
               with fluoro groups may be presumed, the actuality of                   
               these particular properties does not predict the                       
               other critical and unexpected benefits observed,                       
               particularly the significant improvement in                            
               decomposition temperature.  [Page 11 of Brief].                        
          Appellants contend that one of ordinary skill in the art would              
          have expected that replacement of methyl groups with fluoro                 
          groups would yield an increase of only 30EC in decomposition                
          temperature over the decomposition temperature of the                       
          methacrylate polymer, i.e., 200EC.  Appellants maintain that                
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