Appeal 2006-1305
Application 10/236,270
The phrases “high polar content” and “low polar content” recited in
claims 1 and 19 are words of degree and lack clarity on their face. Thus, we
look to the Specification for guidance. Looking to the Specification for the
meaning of the phrases “high polar content” and “low polar content,” we
first note that Appellants relate “polar content” with “vinyl content” on
pages 2-3 and 5. Therefore, we interpret the term “polar content”
throughout this opinion as encompassing “vinyl content.” We also note that
Appellants only describe what is meant by high polar/vinyl content and low
polar/vinyl content with respect to their “particularly preferred adhesive”
(Specification 5). Specifically, with respect to the “particularly preferred
adhesive,” an ethylene copolymer having a high polar/vinyl content is
disclosed as an ethylene vinyl acetate with a “vinyl acetate content . . . from
about 33 to about 60 wt %” (id.). In addition, an ethylene copolymer having
a low polar/vinyl content is disclosed as an ethylene vinyl acetate with a
“vinyl acetate content . . . below about 32 wt %” (id.). Thus, we interpret
the claim limitation “an ethylene copolymer having a high polar [i.e., vinyl]
content” as encompassing an ethylene vinyl acetate with a “vinyl acetate
content . . . of from about 33 to about 60 wt %” and the claim limitation of
“an ethylene copolymer having a low polar [i.e., vinyl] content” as
encompassing an ethylene vinyl acetate with a “vinyl acetate content . . . of
below about 32 wt %.” This is a reasonable interpretation in light of the
Specification and as evinced by dependent claim 4.
Our review of Watanabe reveals that it “pertains to hot melt
compositions, more specifically to hot melt compositions in which an
ethylene - vinyl acetate copolymer is the main component and which has
4
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