Appeal No. 2002-0184 -8-
Application No. 09/058,537
The second issue raised by the examiner concerns the weight ratio of the high and
low molecular weight components as stated in the claimed subject matter. It is the
examiner’s position that, “[a]s the mixture claimed only comprises ‘components A) and
B)’, other components of unspecified amounts are permitted in the mixture as claimed.”
See Answer, page 3.
Initially, the specification provides that, “the present invention provides shaped
articles comprising the mixture. “ See specification, page 4, lines 13-14. Emphasis ours.
Accordingly, it is the clear intent of the appellants to permit the presence of other
components. Furthermore as claimed, each of the low molecular weight and high
molecular weight components must be present in an amount of at least 10% by weight.
As such we conclude that the proportions of each of the low molecular weight and high
molecular weight component necessarily must fall within the scope of the disclosure which
requires that, “[t]he ratio is generally from 10:90 to 90:10.” See specification, page 3,
lines 18-20. Accordingly, the rejection of the examiner is not sustainable.
The Rejection over Prior Art
"[T]he examiner bears the initial burden, on review of the prior art or on any other
ground, of presenting a prima facie case of unpatentability." See In re Oetiker, 977 F.2d
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