Ex parte EMERT et al. - Page 10




                     Appeal No. 1996-0214                                                                                                                                              
                     Application 07/755,603                                                                                                                                            


                     appellants’ claims.  We therefore reverse the rejection under                                                                                                     
                     35 U.S.C. § 102(b).                                                                                                                                               





                                                         Rejections under 35 U.S.C. § 103                                                                                              
                                The examiner states that the primary references relied                                                                                                 
                     upon in the rejections under § 103, i.e., Rense, Okamoto,                                                                                                         
                     Robson, and Le Suer, do not disclose the functionality ratio                                                                                                      
                     recited in appellants’ claims.   To remedy this deficiency,      5                                                                                                
                     the examiner relies upon Cullen and Palmer.                                                                                                                       
                                Cullen discloses a charge molar ratio of polyalkene to                                                                                                 
                     maleic anhydride of about 1:0.5 to 1:5 (col. 2, lines 60-62),                                                                                                     



                                5 Appellants acknowledge (brief, page 17) that in                                                                                                      
                     Okamoto’s example 1, assuming the molecular weight is a number                                                                                                    
                     average molecular weight, the functionality ratio is between                                                                                                      
                     1.17 and 1.29, which overlaps with the range recited in                                                                                                           
                     appellants’ claims.  As pointed out by appellants’, see id.,                                                                                                      
                     the molecular weight in that example falls outside the range                                                                                                      
                     recited in appellants’ claims.  The examiner has not explained                                                                                                    
                     why Okamoto, alone or in combination with the other applied                                                                                                       
                     references, would have fairly suggested, to one of ordinary                                                                                                       
                     skill in the art, a composition wherein the number average                                                                                                        
                     molecular weight and functionality ratio are within the ranges                                                                                                    
                     recited in appellants’ claims.                                                                                                                                    
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