Appeal No. 97-0313
Application No. 08/346,083
the actual decomposition temperature of the fluoroacrylate
polymer, 360EC, would have been unexpected to one of ordinary
skill in the art.
Based on the comparative data relied upon by appellants,
the examiner allowed claims 6 and 10 which are directed to a
homopolymer of the fluoroacrylate monomer. However, the
examiner has maintained the rejection of claims 7-9 and 11-13
because they encompass copolymers of the fluoroacrylate
monomer, and appellants' comparative data is not commensurate
in scope with such claims. In particular, the examiner notes
that appellants' specification data regarding decomposition
temperature is limited to the homopolymer of the acrylate
monomer. Since appellants have not advanced any argument that
the specification data establishes unexpected results for
copolymers of the fluoroacrylate monomer within the scope of
claims 7-9 and 11-13, we agree with the examiner that the
prima facie obviousness of claims 7-9 and 11-13 has not been
rebutted by appellants.
We will also sustain the examiner's rejection of claim 13
over Savu in view of French '510 and Yamamoto for essentially
the same reasons discussed above. Both appellants and the
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