Appeal No. 2005-0846
Application No. 09/981,339
showing of any new or unexpected result. Clearly, as noted
above, Duvall and EP both contemplate the combination of a Lewis
acid with a metal-based stabilizer where the total percentage of
both components by weight of the resin may exceed .5%. For
instance, the references allow for using percentages approaching
.5% for each of these components. Thus, the total percentage for
the combination may approach 1.0%.
Appellant relies upon results displayed in Exhibits A and B
to demonstrate an improvement in the “early color” appearance of
a polymer chip containing a mixture of zinc chloride and zinc
laurate when the mixture is used in amounts exceeding .5 phr (%).
We agree with the examiner that the evidence relied upon by
appellant is unpersuasive because the improvement in “early
color” appearance is demonstrated only at .75% and higher
concentrations of the combined zinc compounds. Thus, the
evidence of enhanced results is not commensurate with the scope
of appellant’s claims which encompass lower concentrations, i.e.,
“greater than .5" phr (claim 1) encompasses .51%, .6%, .7%, etc.
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