Appeal No. 2001-0127
Application No. 09/121,636
The appellants urge that "[t]he results presented in Table
1 of the present application clearly indicate unexpected
surprising properties of polishes comprising the copolymers of
the present invention." (Appeal brief, page 8; see also reply
brief filed Jun 27, 2000, paper 14, page 3.) We disagree.
Table 1 (specification, page 15) reports "Floor Test Data"
for four different polymers, namely Polymers A, B, C, and D.
Polymer A is said to contain 45% by weight of isobutyl
methacrylate, 45% by weight of styrene, and 10% by weight of
methacrylic acid; Polymer B is said to contain 10% by weight of
isobutyl methacrylate, 35% by weight of butyl methacrylate, 45%
by weight of styrene, and 10% by weight of methacrylic acid;
Polymer C is said to contain 34% by weight of isobutyl
methacrylate, 30% by weight of styrene, 26% by weight of methyl
methacrylate, and 10% by weight of methacrylic acid; and Polymer
D is said to contain 20% by weight of isobutyl methacrylate, 25%
by weight of butyl methacrylate, 45% by weight of styrene, and
10% by weight of methacrylic acid. (Specification, page 10.)
Thus, Polymers B and D are polymers within the scope of the
appealed claims, while Polymers A and C are outside the scope of
the appealed claims.
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