Appeal 97-1804
Application 08/329,042
32. In response to the Final Rejection, applicant
presented a second declaration of the inventor (Paper 20,
Exhibit A).
33. The second declaration repeats much of what
is said in the first declaration, but adds (Second
Declaration, ¶ 8):
[W]hen OPC's are made by the doctor blade method as
described in EXAMPLE 1 [of the specification], and by
other conventional methods in the industry, the layer of
self-cross-linked PVB binder which results in invariably
continuous, non-porous, and of generally uniform
thickness.
34. The examiner declined to give the first and
second declarations much weight:
a. With respect to Dr. Nguyen's opinions based
on his observation of OPC's (Finding 25), the examiner notes
that Dr. Nguyen does not state the underlying basis upon which
he made any observation ("Whether the examination was by naked
eye or with an electron microscope would have a great bearing
on whether the layer appeared non-porous" (Examiner's Answer,
page 6)).
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