Ex parte CLARK - Page 2




              Appeal No. 2000-1980                                                                                        
              Application No. 08/476,980                                                                                  

                     Claim 1 is illustrative of the subject matter on appeal and read as follows:                         
                     1.     An article comprising a surface functionalized polyaryl addition polymer                      
              having at least about 5% of the aryl groups in said polyaryl addition polymer to a depth of                 
              100A, as determined by ESCA substituted with a functionalized nitrogen-containing group,                    
              with the remaining aryl groups substantially unsubstituted with said functionalized nitrogen-               
              containing group.                                                                                           
                     The references relied upon by the examiner are:                                                      
              Kenyon et al. (Kenyon)                     3,981,775                    Sep. 21, 1976                       
              Janata                                     4,151,049                    Apr.  24, 1979                      
              Okrongly                                   4,933,410                    Jun.  12, 1990                      
              Clark                                      5,484,852                    Jan.  16, 1996                      
                                                Grounds of Rejection                                                      

                     Claims 1, 6, 7, 27 - 29 and 31 stand rejected under 35 U.S.C. § 102(b) or,                           
              alternatively, under 35 U.S.C. § 103.  As evidence of anticipation/obviousness, the                         
              examiner relies upon Kenyon and Janata.                                                                     
                     Claims 1, 6, 7, and 31 stand rejected under 35 U.S.C. § 101 as claiming the same                     
              invention as that of claims 10, 11, and 12 of U.S. Patent 4,933,410 or of claims 1, 2, 3, and               
              4 of U.S. Patent 5,484,852.                                                                                 
                     We reverse the rejections for the reasons which follow.                                              
                                                      Discussion                                                          

                     In reaching our decision in this appeal, we have given careful consideration to the                  
              appellant’s specification and claims and to the respective positions articulated by the                     
              appellant and the examiner.  We make reference to the Examiner's Answer of November                         


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