Ex parte RIEGER et al. - Page 8

                 Appeal No. 1995-5117                                                                                                                   
                 Application No. 08/067,154                                                                                                             

                 compounds exemplified by the Weber reference .  According to                   2                                                       
                 the appellants, this comparison reveals that the inventive                                                                             
                 compounds exhibit high values for optical anisotropy as well                                                                           
                 as for dielectric anisotropy and simultaneously relatively                                                                             
                 broad nematic phase ranges relative to the other tested                                                                                
                 compounds including those of Weber (see page 4 of the                                                                                  
                 declaration).  As background, the declarant explains that in                                                                           
                 the prior art such properties were obtained only by using a                                                                            
                 mixture of liquid crystalline components rather than a single                                                                          
                 compound (see page 2 of the declaration).                                                                                              
                          This declaration contains a number of deficiencies which                                                                      
                 severely limit its probative value.  In the first place, the                                                                           
                 declaration involves at most only two (i.e., compound No. 7 on                                                                         
                 declaration page 3 and apparently compound No. 12 on                                                                                   
                 declaration page 4) of the myriad number of compounds embraced                                                                         
                 within the formulas recited by independent claims 10 and 15.                                                                           
                 Thus, the declaration evidence is considerably more narrow in                                                                          

                          2On the record before us, it is unclear whether these 4                                                                       
                 compounds represent the closest prior art compounds                                                                                    
                 exemplified by Weber as determined by the guidelines set forth                                                                         
                 in In re Merchant, 575 F.2d 865, 869, 197 USPQ 785, 787 (CCPA                                                                          
                 1978).  This issue should be addressed and resolved by the                                                                             
                 appellants and the examiner in any further prosecution that                                                                            
                 may occur.                                                                                                                             

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