Appeal No. 1998-1213
Application 08/450,506
page 5). Thus, a succination ratio is equal to the1
functionality ratio if all of the polymer reacts, and
otherwise is greater than the functionality ratio (brief, page
6).
To decide the issue of anticipation we need not make a
finding as to which ratio Meinhardt discloses because, first,
if Meinhardt’s ratio is a functionality ratio, it is different
in quantity than that recited in appellants’ claims and,
therefore, Meinhardt does not anticipate appellants’ claimed
invention. Second, even if Meinhardt discloses a succination
ratio, it would not be possible to calculate the corresponding
functionality ratio because there is no disclosure in
Meinhardt of the fraction of the polymer which is substituted
with succinic groups. Thus,
it would not be possible to determine whether Meinhardt
anticipates appellants’ claimed invention.
1 The formulas for calculating a functionality ratio and a
succination ratio are shown in appellants’ brief (pages 5-6).
6
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