Appeal No. 2006-2680
Application No. 10/710,187
In this case the Examiner essentially urges that, based on its plain
meaning, the term “polyetherimide” encompasses any polymer containing a
plurality of ether moieties and a plurality of imide moieties. (Answer 4.)
However, the Examiner has not provided any evidence to show that one
skilled in the art would interpret the term “polyetherimide” in that manner.
In contrast, the Encyclopedia of Polymer Science provides evidence
that one skilled in the art would interpret the term “polyetherimide” to mean
those polymers containing successive aromatic ether bonds made from a
condensation reaction of bisphenols and dinitrobisimides. In reviewing Liu
‘380 and the other references of record, we see nothing suggesting that one
skilled in the art would consider the meaning of “polyetherimide” supplied
in the Encyclopedia of Polymer Science to be incorrect or overly narrow.
Therefore, a preponderance of the evidence does not support the
Examiner’s position that the term “polyetherimide” in claim 1 encompasses
any polymer that contains a plurality of ether moieties and a plurality of
imide moieties. Rather, the weight of the evidence shows that one skilled in
the art would have interpreted the term “polyetherimide” to encompass
polymers containing successive aromatic ether bonds made from a
condensation reaction of bisphenols and dinitrobisimides.
None of the disclosed polyetherimide esters disclosed by Liu ‘380 is a
condensation product of bisphenols and dinitrobisimides, nor do any of Liu
‘380’s polyetherimide esters contain successive aromatic ether moieties.
Rather, Liu ‘380’s polyetherimide esters are
the reaction products of:
(i) at least one diol;
(ii) at least one dicarboxylic acid or its ester forming
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013