Ex parte EMERT et al. - Page 5




          Appeal No. 1998-1213                                                        
          Application 08/450,506                                                      


          functionality ratio of from about 1.05 to 1.25 dicarboxylic                 
          acid producing moieties per molecule of olefin polymer used in              
          the reaction.  The “used in the reaction” phrase indicates                  
          that the functionality ratio is based on the total of both the              
          reacted and unreacted polyolefin (specification, page 8, lines              
          17-22).  Meinhardt’s acylating agent has within its structure               
          an average of at least 1.3 succinic groups for each equivalent              
          weight of substituent group, wherein the substituent group is               
          derived from a polyalkylene (col. 3, lines 52-61; col. 4,                   
          lines 18-20).                                                               
               Appellants argue that Meinhardt’s ratio, like appellants’              
          ratio, is a functionality ratio, rather than being a                        
          succination                                                                 




          ratio, and is different in quantity than appellants’                        
          functionality ratio (brief, pages 5-6).  A succination ratio                
          differs from appellants’ functionality ratio in that the                    
          succination ratio is based upon only the reacted polymer,                   
          i.e., that which is substituted with succinic groups (brief,                


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