Appeal No. 2000-2149 7
Application No. 08/859,901
amount of 0.45 to 20% by weight. See column 5, lines 39-40. We conclude that this
amount overlaps that of the claimed subject matter, i.e., “about 5.0% to about 30.0% by
weight.” We find that the solvents disclosed include ethylene glycol, propylene glycol,
1,5-pentanediol and polyethylene glycol among a limited number of high boiling low
volatile solvents. See column 5, lines 27-38. We further find a more limited group of
solvents including ethylene glycol, propylene glycol and polyethylene glycol among a
limited group of six solvents as disclosed in claim 7 and a still more limited group of high
boiling low volatile solvents including only glycerin, ethylene glycol, propylene glycol and
polyethylene glycol as disclosed in claim 23. We further find that Example 6 discloses a
1:1 weight ratio of ethylene glycol and polyethylene glycol (#200). We conclude that the
molecular weight of the polyethylene glycol is 200, the low molecular weight being
consistent with the utilization of the polyethylene glycol as a solvent. We further conclude
therefrom that a combination of solvents in a 1:1 ratio is contemplated within the scope of
Shimizu. Furthermore, we conclude that it would have been obvious to have substituted
propylene glycol generally and 1,3-propanediol specifically for ethylene glycol particularly
in view of the limited preferred requirement of four solvents disclosed in claim 23 and the
fact that 1,3-propanediol constitutes the next higher homolog of ethylene glycol, i.e., 1,2-
ethanediol. Furthermore, the specific disclosure of 1,5-pentanediol suggests that Shimizu
prefers the utilization of the ", T-alkanediols. See column 5, line 31.
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