KIPOURAS et al. V. BARNHOUSE et al. - Page 15

          Interference No. 103,029                                                    

          interference. The following represents our findings with                    
          respect to the benefit issue.                                               
                    The Federl disclosure at column 4, lines 44-46,                   
          reads as follows:                                                           
                    The epihalohydrin copolymer considered                            
                    in these examples is a 50/50 copolymer of                         
                    epichlorohydrin and ethylene oxide.                               

          The parties agree that if the 50/50 copolymer is on a weight                
          basis, then the disclosure of the Federl patent is within the               
          scope of the count.  However, as noted above, the Federl                    
          patent is notably silent as to whether the specific embodiment              
          contains a copolymer that is 50:50 ECH/EO by weight or 50:50                
          ECH/EO on a molar basis.                                                    
                    We initially note that all other discussion in the                
          Federl patent is quantified as on a weight basis.                           
          Additionally, in column 4 at line 24, it is disclosed that the              
          preferred epihalohydrin (EHH)-alkylene oxide (AO) ratio is a                
          60% to 40% ratio on a weight basis of EHH to AO.  Note that a               
          50:50 or    1:1 molar copolymer of ECH/EO lies outside this                 


Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007