Appeal No. 2000-1854
Application No. 08/993,426
Appellants assert at page 2 of the principal brief that
"[t]he polymer composition according to the present invention
unexpectedly provides superior mechanical properties, especially
in thin walls" (paragraph three). However, appellants have not
proffered any objective evidence which demonstrates that molding
compositions within the scope of the appealed claims produce
unexpectedly superior mechanical properties in comparison to the
molding compositions fairly taught by Aketa. In particular,
there is no evidence of record which establishes that the claimed
mixtures of phosphorus-containing compounds and other recited
reinforcing agents are superior in any respect to the
compositions of Aketa which may contain only the phosphorus-
containing compound. In fact, appellants' own specification
would seem to militate against any suggestion that the claimed
mixture of reinforcing agents is a significant, if not critical,
aspect of the present invention. We say this because page 2 of
the present specification describes the present invention, as
well as "preferred" and "particularly preferred" embodiments of
the present invention, as compositions comprising "at least one
reinforcing agent." Manifestly, "at least one reinforcing agent"
does not require, or attach significance to, particular mixtures
of agents comprising a phosphorus-containing compound.
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