Ex Parte Adams et al - Page 4


         Appeal No. 2003-0878                                                       
         Application No. 09/575,903                                                 


         I. The Rejection of Claim 1                                                
              Appellants do not dispute that Kumar uses appellants’                 
         claimed polysiloxane macroinitiator and radically polymerizable            
         onomers to produce block copolymers.  See the bottom of page 12            
         of the Brief and the top of page 13 of the Brief.                          
              Hence, the only issue before us is whether it would have              
         been obvious to have substituted the use of ultraviolet                    
         radiation set forth in Kumar with the use of a catalytic amount            
         of a CuI salt (or other transitional metal species) when                   
         reacting the organic halide groups of the polysiloxane                     
         macroinitiator with radically polymerizable monomers, to form              
         the claimed polysiloxane block copolymer.                                  
              The examiner’s basic position is that it would have been              
         obvious to have substituted the ultraviolet energy source of               
         Kumar with the metal transition catalyst of Matyjaszewski to               
         induce radical polymerization as taught by Matyjaszewski.  Paper           
         No. 7, page 3.                                                             
              In response, on page 14 of the Brief, appellants argue the            
         following:                                                                 
               “Matyaszewski does not conclude that there is a need                 
               for a method to prepare block and graft copolymers                   
               that are well defined and free of homopolymer.                       
               That method for alkyl monomers is the use of transition              
               metal catalyst polymers.  While claim 1 of Matjasewski               
               doesn’t specifically state that alkyl monomers are being             
               used, those are the monomers that are being used in the              

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