Appeal No. 2004-1566
Application 09/452,982
which, of course, are the amine radicals of amide and imide moieties of bivalent structural unit A
(e.g., col. 6, lines 30-37).
Krull teaches with respect to the amine radical “Y” as “NRR3” of bivalent structural unit
A that “[t]he radical NRR3 (structural unit A) . . . [is] derived from polyetheramines of the
general formula (H) or from alkanolamines of the formula (I),” wherein the formula I is depicted
at col. 4, lines 23-26, as
R9
/
H – N (I)
\
R10
The meaning of formula members “R9 and R10” includes the “hydrogen” as well as the “proviso
that at least one radical R9 or R10 is Z-OH” (col. 4, lines 28-31), and “examples of
alkanolamines” are set forth at col. 4, lines 32-37.
We find it clear that, contrary to the examiner’s position, one skilled in this art would
have found that the primary or secondary amines encompassed by formula I are primary and
secondary alkanolamines by definition, and thus, include no primary or secondary alkylamines.
Indeed, no primary or secondary alkylamines are exemplified with respect to formula I, as
appellants point out.
Krull teaches with respect to radical “Y is X” and the amine radical “X is,” inter alia,
“NR3R4” of bivalent structural unit A that “[t]he radical X [of structural unit A] is derived from
the reaction products of the dicarboxylic anhydride groups with alcohols of the formula
HO-(C1-C30)-alkyl and/or amines of the formula ENR3R4” (col. 4, lines 38-40), wherein formula
members “R3 and R4” are defined at col. 3, lines 4-14. The formula ENR3R4 includes primary
and secondary alkylamines, and indeed, such compounds are exemplified (col. 4, lines 41-50),
including the primary alkylamines “n-hexylamine, n-octylamine” at col. 4, line 43.
We agree with appellants that Krull discloses that the copolymers prepared from
α,β-unsaturated dicarboxylic anhydrides of the general formula E and/or F as one of the
monomers, are derivatized only with a polyetheramine of the formula H or an alkanolamine of
formula I to prepare the reaction products of the reference as set forth at col. 5, lines 11-16, and
col. 6, lines 27-29, to which we add col. 6, line 30 et seq.
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