Appeal No. 1998-3101
Application 08/313,175
Snow discloses a polymeric mordant having the structure
shown in formula I (col. 2, lines 1-36). The appellants argue
(brief, page 5) that they have provided calculations
(amendment filed August 18, 1995, paper no. 7, page 3) which
show that the maximum amount of component B in their copolymer
is less than
15.6 mole%, and that the corresponding moiety in Snow’s
compound, which has the “y” subscript, must be present in an
amount of about 20 mole% to about 100 mole% (col. 2, line 35).
The examiner does not challenge the appellants’
calculations. The examiner argues that “about 20” is an
approximate value which reasonably encompasses the value of
16.8 mole% (answer, pages 4-5). It is not apparent where the
examiner got the number “16.8”. Regardless, the examiner has
provided no evidence as to how one of ordinary skill in the
polymeric mordant art to which Snow is directed would have
interpreted the term “about 20” mole%. The examiner’s
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