Appeal No. 94-4409
Application 07/958,526
alia, that the presence of vinylpyrrolidone (an N-vinyl
lactam) in a copolymer of vinylpyrrolidone-acrylamide
apparently restricts the level of hydrolysis of the copolymer
in hard brines at high temperatures. However, in our view,
whether or not Uhl expressly reported this observed advantage
is not persuasive of patentability, inasmuch as Uhl discloses
copolymers including N-vinylpyrrolidone combined with
acrylamide. Compare the working Examples 9 and 13 in Table I
and Example 29 in Table II of Uhl which Tables appear in the
reference at columns 9 and 10. Appellants have made no
showing that the vinyl imidazole component of such polymers
interferes negatively with any of the properties inherently
possessed by these prior art polymers.
Based on the foregoing, we agree with the examiner’s
conclusion that the claimed subject matter on appeal would
have been obvious within the meaning of 35 USC § 103.
Therefore, we affirm the examiner’s rejection of the appealed
claims under this section of the statute.
THE OBVIOUSNESS-TYPE DOUBLE PATENTING REJECTION
Process claim 45 and composition of matter claims 59 and
10
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