Appeal No. 1997-1498
Application No. 08/251,148
The examiner finds, and appellants do not dispute, that
the application disclosure as originally filed does not
provide literal support for employing greater than about 30
mol% of 2, 6-naphthalene dicarboxylic acid. As indicated by
appellants (Brief, page 3), the examples and Table 1 in the
specification show visually clear blend of thermoplastic
polymer compositions containing 32, 34, 66 and 100 mol% of
2,6-naphthalenedicarboxylic acid, respectively, together with
1, 4 cyclohexane-dimethanol. Although these examples and
Table 1 provide descriptive support for employing “greater
than about 32 mol% of 2,6-naphthalenedicarboxylic acid” in a
visually clear blend of thermoplastic polymer compositions,
see Ex parte Jackson, 110 USPQ 561 (Bd. App. 1956), they do
not provide descriptive support for employing “greater than
about 30 mol% of 2, 6-naphthalenedicarboxylic
acid” in a visually clear blend of thermoplastic polymer
compositions, see Blaser, 556 F.2d at 537, 194 USPQ at 125.
It may very well be true that the term “about 30 mol%” is
inclusive of “32 mol%” of 2,6-naphthalenedicarboxylic acid as
argued by appellants. What is equally true, however, is that
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