Interference No. 103,029
Kipouras’ expert Giles testified that to achieve this level of
charge dissipation a blend of ABS and ECH/EO must contain at
least 12% ethylene oxide (EO) by weight. KR344. Senior6,7
party inventor Barnhouse was not in agreement with this
assertion. Barnhouse was of the
opinion that other factors come into play rather than merely
EO concentrations being of singular importance. BR19.
Nevertheless, the parties agree that pure ethylene oxide
monomer added to ABS does not impart antistatic properties at
all. KR626; KR670.
The count in interference reads as follows:
(...continued)
KR346-47; KR352.
6 We further note that Giles, the junior party’s
expert witness, stated that normally “50/50 nomenclature would
indicate by weight; if it were by molar, it would probably be
in the format of 1 to 1 [1:1].” KR348. This opinion is
belied by the count which clearly calls for a weight ratio but
gives the figure on a 1:1 basis.
7 Barnhouse testified that antistatic properties were
due not only to the percentage of EO in the blended polymer
but also how the EO is distributed in the resin. KR663;
KR669. Adding more ECH/EO Hydrin elastomer than the ABS resin
can absorb creates rubbery domains with improved conductivity.
KR663.
4
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