Appeal No. 2002-0701
Application 09/201,269
692, 697 (CCPA 1966); In re Dunn, 349 F.2d 433, 439, 146 USPQ
479, 483 (CCPA 1965).
Fourth, the evidence presented in the declaration is not
commensurate in scope with the claims. See In re Grasselli, 713
F.2d 731, 743, 218 USPQ 769, 778 (Fed. Cir. 1983); In re Clemens,
622 F.2d 1029, 1035, 206 USPQ 289, 296 (CCPA 1980). The
appellant’s claim 23 encompasses printing inks of any composition
containing at least one branched vinyl resin having any
composition, a polydispersity of at least about 15, and a weight
average molecular weight of at least about 100,000. The example
of the appellant’s invention in the declarations, however,
includes only one ink composition containing one polymer made
using one branched vinyl resin. We find in the evidence of
record no reasonable basis for concluding that the great number
of materials encompassed by the appellant’s claim would behave as
a class in the same manner as the particular material tested.
See In re Lindner, 457 F.2d 506, 508, 173 USPQ 356, 358 (CCPA
1972); In re Susi, 440 F.2d 442, 445-46, 169 USPQ 423, 426 (CCPA
1971).
line 33 - col. 5, line 8). Hence, it reasonably appears that the
only variable in the appellant’s comparison should be the
divinylbenzene content.
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