Appeal 2007-2154
Application 10/374,773
constituents (A) and (B) are present in a proportion such that the material is
injection moldable to furnish pattern properties for making a casting mold.
Appealed Claim 1 is not drawn to the fugitive pattern of an article to be cast
of a metal or an alloy or an injection molded product. Rather, representative
claim 1 requires a material comprising the recited ingredients in a proportion
such that the material is injection moldable and is capable of furnishing
pattern properties for forming a casting mold.
Appellants do not argue that Betso does not disclose or suggest a
material comprising a blend of a random interpolymer and another polymer.
Thus, Appellants’ arguments with respect to the properties of such a molded
product or the fugitive pattern itself are germane only with respect to the
claim 1 requirement for the proportion of the ingredients of the pattern
material such that the material is injection moldable, as recited in appealed
claim 1.
In this regard, the material disclosed by Betso includes both a
substantially random interpolymer and another polymer corresponding to
those disclosed by Appellants as useful for their pattern material. For
example, Betso discloses the interpolymer can be made from vinyl or
vinylidene aromatic monomers and an additional monomer (Betso, col. 6,
l. 49 - col. 7, l. 62). Compare the methods of preparation of the
interpolymer disclosed by Betso with the methods disclosed by Appellants
(see, e.g., Betso, col. 8, ll. 26-42; Specification 13:1-20). Like Appellants,
Betso discloses that the other polymer employed in their material can be
polystyrene (see e.g., Betso, col. 13, ll. 32-40 and Specification 15:1-4).
Furthermore, Betso discloses that the proportion of the other polymer
employed in combination with the interpolymer in the material can be up to
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