Appeal No. 2002-0184 -10-
Application No. 09/058,537
It is the examiner’s position that, “[t]he high molecular weight material would be
expected to have an MFI significantly overlapping the MFIB # 15 g/10 min of the instant
claims and a melt viscosity of 300,000 poise would have an MFI of less than 1.6 g/10
min.” See Answer pages 4 and 5. Having carefully reviewed the examiner’s argument, we
conclude that there is no evidence based upon the argument present in the Answer, that
the ratio of a 300,000 poise polymer to a 5,000 poise melt viscosity polymer would have
a melt flow index within the range of 80 to 2500 as required by the claimed subject
matter. Finally we do not see the relevance of the Admissions by Appellant in that they do
not provide for the deficiencies in the disclosure and teachings of EP’868. Accordingly,
neither the rejection on the grounds of anticipation nor obviousness is sustainable.
The Rejection over Nakagawa and Admissions of Appellant
Nakagawa is directed to a mixture of tetrafluoroethylene/hexafluoropropylene
copolymers, wherein 10 to 70% of a first copolymers has a specific melt viscosity at
380oC of from 100 X 104 to 1,000 X 104 Poise and the second polymer having the same
composition has a specific melt viscosity of 0.1 X 104 to 60 X 104 Poise. See column 2,
lines 1-15 and claim 1. Furthermore, each polymer present in the mixture of polymers
may contain a limited number of third monomers which include perfluorovinyl ethers
among a limited number of monomers in amounts of not more than 5% by weight. See
column 4, lines 4-19.
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