Appeal 2007-1366
Application 90/005,090
1 (1) 10-70% by weight of siloxanyl alkyl ester (Gaylord,
2 4:14-16);
3 (2) 30-90% by weight acrylic or methacrylic acid ester
4 (Gaylord, 4:14-16);
5 (3) 0.01-10% of a surface wetting agent (Gaylord, 5:39-46); and
6 (4) 0.01%-2% a cross-linking agent (Gaylord, 6:3-12.)
7
8 F. 11. Gaylord teaches TRIS as a preferred siloxanyl alkyl ester. Gaylord,
9 Examples 1-7 and 22-23.
10 F. 12. Gaylord characterizes the described contact lens materials as having
11 “vastly increased oxygen permeability” as compared to
12 “conventional” contact lens materials. Gaylord, 4:57-59.
13 F. 13. Gaylord describes cross-linking agents including “polyol acrylic
14 ester[s] of higher functionality.” Gaylord, 6:3-12.
15 Diffferences Between Gaylord and the Claimed Invention
16 F. 14. Patentee characterizes his invention as “an improvement over the
17 Gaylord method of making contact lens materials.” Neefe
18 Declaration, filed January 19, 2001, p. 1, ¶ 2.
19 F. 15. Patentee states: “My invention was to substitute an oxygen-
20 permeable crosslinker for the impermeable EGDMA used in the prior
21 art.” Neefe Declaration, filed January 19, 2001, p. 2, ¶ 5.
22 F. 16. Gaylord does not teach the use of an oxygen permeable crosslinking
23 agent selected from the class of multifunctional siloxanyl alkyl esters.
24 F. 17. Gaylord does not teach the specific method of making TRIS required
25 by Patentee’s Claim 1.
26 Tanaka
27 F. 18. Tanaka relates to oxygen permeable copolymers for use in contact
28 lens materials and methods for forming those materials.
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