Appeal No. 2002-2063
Application No. 09/635,093
argument.
Appellants’ Point 13: The Amount of Ester in Furness
The appellants urge that the ester in Furness is a mold
release agent used in addition to and not in place of the solvent.
(Appeal Brief, page 27, line 20 et seq.). While this is true,
the argument is not pertinent to the claim, which recites no
particular lower level of FAME, as discussed before. The claim
requires the FAME to act as a solvent, and there has been no
showing that the amounts of FAME recited in Furness cannot act as
a solvent. We therefore are not persuaded by this argument.
Appellants’ Point 14: The Amount of Ester
Appellants urge that the claims require there to be more FAME
than high-boiling aromatic hydrocarbon. (Appeal Brief, page 28,
lines 15 et seq.). Again, this argument misses the point and
misconstrues the claimed subject matter. The amount of ester
disclosed in Furness is up to 10%. The claims read on this
amount when a low boiling hydrocarbon solvent is utilized. The
appellants also continue to urge a three-component/two component
distinction when no showing has been made that the additional
components of Furness are excluded by the language consisting
essentially of, as has been discussed multiple times above.
Appellants’ Point 15: The Declaration.
The appellants urge that they have compared the closest prior
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