Appeal No. 2002-0184 -9-
Application No. 09/058,537
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The claimed subject matter
before us contains the limitation that the low molecular weight and the high molecular
weight component are chosen in such a manner, “that the ratio of MFIA to MFIB is in the
range from 80 to 2500.” See claim 1. Claim 17 essentially contains the same limitation.
The written phrase states, “wherein the ratio of the melt flow index of the low molecular
weight fluoropolymer to the melt flow index of the high molecular weight fluoropolymer is
in the range of from 80 to 2500.” It is the examiner’s position that this condition is met
by each of the rejections. We disagree.
The Rejection over EP’868 and Admissions of Appellant
EP’868 discloses a resin composition comprising at least two tetrafluoroethylene
fluorovinyl ether polymers each of which has a different molecular weight distribution in
proportions required by the claimed subject matter. See column 1, lines 10-13, and line
50 to column 2, line 33. We find that the lower molecular weight fluoropolymer has a
melt viscosity at 380o C of 5,000 to 200,000 poise and the higher molecular weight
fluoropolymer has a melt viscosity at 380o C of 25,000 to 300,000 poise. See column
2, lines 34 to 57. We find that the utilization of higher melt viscosities for the higher
molecular weight material confers no additional benefits and the utilization of a material
having a melt viscosity of less than 5,000 poise results in mechanical properties which are
not good. Id.
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