Appeal 2006-3373
Application 09/919,504
The entire Specification of the ’271 Application is drawn to the above
linear polymers, and octablock copolymers as instantly claimed are nowhere
mentioned in the Specification of the ’271 Application. The following are
excerpts from the ’271 Application, where the Lundsted and Schmolka
references are cited. Page 15, lines 9-23, of the ’271 Application states
(emphasis added):
The polymer blocks are formed by condensation of
ethylene oxide and propylene oxide, at elevated temperature
and pressure, in the presence of a catalyst. There is some
statistical variation in the number of monomer units which
combine to form a polymer chain in each copolymer. The
molecular weights given are approximations of the average
weight of copolymer molecule in each preparation and are
dependent on the assay method and calibration standards used.
It is to be understood that the blocks of propylene oxide and
ethylene oxide do not have to be pure. Small amounts of other
materials can be admixed so long as the overall physical
properties are not substantially changed. A more detailed
discussion of the preparation of these products [i.e., the linear
copolymers HO(C2H4O)b(C3H6O)a(C2H4O)bH] is found in U.S.
Patent No. 2,674,619 [Lundsted], which is incorporated herein
by reference in its entirety.
Page 17, lines 1-18 of the ’271 Application states:
A grid illustrating the range of copolymer encompassed
by the present invention based upon the molecular weight of the
hydrophobe portion and the percent hydrophile, and showing
selected nonionic block copolymers appears as Figure 1. The
polymer blocks are formed by condensation, at elevated
temperature and pressure, of ethylene oxide and propylene
oxide in the presence of a catalyst. There is some statistical
variation in the number of monomer units which combine to
form a polymer chain in each copolymer. The molecular
weight given are approximations of the average size of
copolymer molecules in each preparation. A further description
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Last modified: September 9, 2013