KIPOURAS et al. V. BARNHOUSE et al. - Page 4

          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:                       

          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.              

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