Appeal No. 1997-1684
Application No. 08/223,916
(2) in some cases, the xylene solubles for particular
combinations of electron donors was less than when either of
the electron donors was used alone (Tables 1-2 as compared to
Table 4); and
(3) the polydispersity ("D" values) of the polymer
product for one particular combination of electron donors (the
DIDS/CMDS system) at specified molar ratios was greater than
when either of the electron donors was used alone (Tables 5-
6).
The examiner does not directly refute appellants' showing
of unexpected results.
The examiner focuses on claimed ranges of polydispersity
and xylene solubles rather than analyzing the particular
effects on these parameters when using a combination of
electron donors as demonstrated by appellants. Demonstrated
results need not be specifically claimed in order to serve as
evidence of nonobviousness. See Ex parte Strobel, 160 USPQ
352, 353,
(Bd. of App. 1968); In re Zenitz, 333 F.2d 924, 927, 142 USPQ
158, 161 (CCPA 1964).
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