Ex parte VAN DEN ZEGEL et al. - Page 3




                Appeal No. 1997-1834                                                                             Page 3                  
                Application No. 08/267,527                                                                                               




                        Claims 1-8 stand rejected under the written description requirement of 35 U.S.C. § 112, first                    

                paragraph.  Claims 1-4 and 6-8 stand rejected under 35 U.S.C. § 103 as being unpatentable over U.S.                      

                Patent 5,196,299, issued March 23, 1993 to Dickerson et al. (Dickerson) in view of U.S. Patent                           

                4,013,471, issued March 22, 1977 to Pollet et al. (Pollet).                                                              

                        We reverse the rejection under 35 U.S.C. § 112, first paragraph, for the reasons that follow.                    

                We affirm the rejection under 35 U.S.C. § 103 for the reasons cogently articulated by the Examiner.                      

                With respect to the obviousness rejection, our comments below are provided primarily for emphasis.                       



                                                              OPINION                                                                    

                Written Description                                                                                                      

                As originally filed, the Specification included a description of a polyoxyethylene compound “comprising                  

                from about 20 to 100 mole percent recurring units of the formula                                                         

                !O![!CH!CH !O!]!                                                                                                         
                                2                                                                                                        
                *                                                                                                                        
                CH2                                                                                                                      
                *                                                                                                                        
                S                                                                                                                        
                *                                                                                                                        
                R                                                                                                                        











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