Appeal 1997-2572
Application 08/220,562
[2] bis(3,4-dicarboxyphenyl)ether dianhydride
[ODPA], and
[3] mixtures thereof.
Excluded from the dianhydrides of clause (II)(A) of
applicants' claim 1--as well as the rest of the claim--are
other dianhydrides, including 6FDA, an essential and7
necessary dianhydride in the Okinoshima polyamic acid.
On this record, we can perceive of no reason why a person
having ordinary skill in the art would eliminate 6FDA from the
polyamic acid solution described by Okinoshima. Thus, this is
not a case where it would have been obvious to eliminate an
element along with its function. Compare In re Karlson, 311
F.2d 581, 136 USPQ 184, 186 (CCPA 1963) and In re Wright, 343
F.2d 761, 145 USPQ 182, 190 (CCPA 1965). It follows that the
decision of the examiner rejecting claims based on Okinoshima
is not legally sufficient.
C. Other issues
There is no evidence in the record which would establish that 6FDA is an7
ordinary impurity in BPDA, particularly when 6FDA makes up 10% of a mixture of 6FDA and
BPDA and 6FDA is purposely used to make the mixture.
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