Ex parte RIEGER et al. - Page 9

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

          scope than the here claimed subject matter relative to the                  
          number of compounds under consideration.                                    
               The declaration evidence is also considerably more narrow              
          in scope than the rejected claims in relation to the                        
          properties discussed in the declaration.  That is, of the                   
          three properties discussed in the declaration (i.e., optical                
          anisotropy or birefringence, dielectric anisotropy and nematic              
          phase ranges), only two are required by the rejected claims                 
          (i.e., birefringence and dielectric anisotropy).  Further in                
          this regard, while the declaration emphasizes that single                   
          inventive compounds possess all three of these properties, the              
          claims under review not only address merely two of these three              
          properties but require only that these properties be displayed              
          by the liquid crystal mixture rather than by a single compound              
          within the scope of the recited formula.  The significance of               
          these comments regarding the properties discussed in the                    
          appellants’ declaration is emphasized by the fact that many of              
          the declaration noninventive compounds (see compounds Nos. 8,               
          10, 11, 13, 14 and 15 on declaration pages 3 and 4) exhibit at              
          least two properties which correspond to those exhibited by                 
          the tested inventive compounds (i.e., see compound Nos. 7 and               


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