Appeal No. 95-1622
Application 07/890,593
organometallic group. While this result can occur with Wright Examples 13 where the theoretical ratio
of the organometallic groups on the organometallic polymer to the nucleophilic groups on the
polynucleophilic compounds is 1:6.4 , it would reasonably be expected to be particularly the case in
Wright Example 18, where the ratio is 1:0.52.9 We are of the opinion that either of these crosslinked
copolymers, as well as the crosslinked copolymers of Wright Examples 14-17 and 19-21 would satisfy
the limitation in claim 2 that the organometallic compound must be essentially free of nucleophilic
groups as we have construed this limitation above. Compare Exxon Chemical Patents, 64 F.3d at
1555-58, 35 USPQ2d at 1802-05 (“Consequently, as properly construed, Exxon’s claims are to a
composition that contains the specified ingredients at any time from the moment at which the ingredients
are mixed together.”). We further find that Wright (e.g., col. 5, lines 51-59) would have reasonable
suggested to one of ordinary skill in this art that the Wright Examples can be modified by using 95
percent by weight of an organometallic copolymer prepared from 60 mol percent of organometallic
monomers and 5 percent by weight of a polynucleophile, which would provide a coating having a
substantially higher ratio of energy sensitive organometallic groups to nucleophilic groups, and thus a
greater concentration of energy sensitive organometallic groups that would not be involved in the
crosslinking reaction, with the reasonable expectation of obtaining an adherent coating upon exposure to
energy.
In similar manner, Wright discloses with respect to Embodiment III (e.g., col. 2, lines 37-39;
col. 3, lines 40 -42, col. 4, lines 62-68, col. 5, line 61, to col. 6, line 2, col. 11, lines 5-15, and
Wright Example 22), that the substrate having basic reactive sites is coated with an organometallic
copolymer and a copolymer having reactive nucleophilic groups such that these
teachings would apply to appealed claim 2 under § 102(b) and § 103 in the same manner that we set
forth above with respect to Wright Embodiment II. Indeed, in Wright Example 22, an organometallic
copolymer having an energy sensitive organometallic group which is free of nucleophilic groups and a
copolymer having reactive nucleophilic groups is coated onto at least a portion of one side of a “primed
9 The ratio of the organometallic groups on the organometallic polymer to the nucleophilic groups on the
polynucleophilic compounds of the Wright Examples has been calculated by declarant McCormick in
his declaration (¶ 24; see infra note 10), which we further discuss below.
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