Appeal No. 1997-1018
Application No. 08/369,944
Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.
Cir. 1997). Accordingly, we must determine if Howes describes
amounts of hydroxyethyl methacrylate (component b)) within the
scope of claim 21 on appeal.
Howes discloses that the pressure sensitive adhesives of
his invention may advantageously contain “residues of other
acrylic monomers” which includes “optionally hydroxylated or
alkoxylated alkyl esters of acrylic or methacrylic acid,” with
specific examples of methyl methacrylate, n-butyl
methacrylate, hydroxyethyl methacrylate and methoxyethyl
methacrylate (Howes, page 6). Howes teaches that these
residues “may form 0.1 to
20% by weight of the polymerr [sic]” (id.). Howes further
teaches that the proportion of such residues depends on
several factors and “[t]hus hydroxyethyl methacrylate residues
may be present from 0.3 to 5% by weight of the polymer and
lower alkyl methacrylate residues may be present as 1 to 15%
by weight of the polymer.” (Howes, page 7). All further
disclosures of the hydroxyethyl methacrylate monomer by Howes
refer to amounts of or within the range of 0.3 to 5% by weight
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