Appeal No. 2001-2093
Application No. 09/054,134
278, 280 (CCPA 1976); In re Boe, 355 F.2d 961, 965, 148 USPQ
507, 510 (CCPA 1966).
Regarding the use of concentrated sulfuric acid in DE ’715
(appeal brief, page 4), the appellants’ specification states
that strong sulfuric acid may be used to control the pH to the
recited range, as we pointed out above. Accordingly, we see no
basis for concluding that the use of concentrated sulfuric acid
favors a determination of nonobviousness.
The appellants rely on the teachings of Seymour, Cram,
Morrison, and The Encyclopedia of Polymer Science and Technology
for the proposition that the “reactions of small molecules are
not necessarily predictive of reactions of polymers.” (Appeal
brief, page 6.) We agree with the appellants that the specific
reaction conditions suitable for polymers may not necessarily be
the same as the conditions for compounds. Nevertheless, the
prior art suggests that the same variables would affect the
results for alkylation reactions of tertiary amines, regardless
of whether polymers or compounds are used as the starting
materials. Thus, the prior art as a whole would have fairly
suggested to one of ordinary skill in the art that temperature
and pH are result-effective variables in the alkylation of
polymers containing tertiary amines. Accordingly, it is our
judgment that the discovery of workable or even optimum
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