Ex Parte BERGSTROM et al - Page 2


          Appeal No. 2002-1001                                                        
          Application No. 09/202,906                                                  

               The subject matter on appeal relates to an orthoester-based            
          polymer having a specified structure.  Further details of this              
          appealed subject matter are recited in claim 3, which depends               
          from claim 1, both reproduced below:                                        
                    1.  An orthoester-based polymer, having the                       
               general formula                                                        











               wherein R1 is hydrogen or a hydrocarbon group having 1-                
               4 carbon atoms; R2 is a group (A)nY, where each A is an                
               ethyleneoxy group or higher alkyleneoxy group having                   
               3-4 carbon atoms, and each Y is hydrogen or an alkyl                   
               group having 1-4 carbon atoms, provided that when Y is                 
               hydrogen, n is a number from 1 to 100, R3 and R4 are                   
               groups of the formula (A)nY, where A, n and Y have the                 
               above meaning, or a di- or polycondensate of the                       
               polymer via free hydroxyl groups in R2, R3 or R4, the                  
               total sum of all n being 8-2,500, and that at least                    
               one of the groups R2, R3 and R4 contains at least one                  
               block of at least 4 alkyleneoxy groups having 3 and/or                 
               4 carbon atoms.                                                        
                    3.  The polymer of claim 1 which has a molecular                  
               weight from 600 to 100,000.                                            
               The examiner relies on the following prior art references              
          as evidence of unpatentability:                                             



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