Appeal No. 2004-2352
Application No. 09/854,419
involved a comparison between a single polyester urethane and a
single polyether urethane; whereas claim 1 is not limited to any
particular polyester urethane.
Moreover, all of appellants’ data relate to a single mixture
of two photochromic dyes (CR49 and CR59); whereas appellants’
claims are not limited to any particular photochromic compound or
mixture. In this regard, we note that there are apparently a
wide variety of known photochromic compounds, both organic and
inorganic (Bhalakia: col. 7, ll. 52-67; instant specification:
page 3, ll. 1-4).
Additionally, besides the fact that appellants’ data is
limited to the testing of just one polyester and one polyether
urethane, appellants have not identified the tested polymers in
terms of their chemical structure. Thus, it cannot be determined
from the data presented whether the tested polyester and
polyether urethane are comparable in terms of molecular weight,
functional group content, and extent of crosslinking. Also, it
is not clear whether the tested polyester and polyether urethane
are comparable to those identified in Ormsby or Rosthauser.
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