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
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