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.
8
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