Appeal 2006-0990
Application 10/209,369
The Warzelhan references describe conventional processes of
preparing the aliphatic-aromatic copolyetherester polymers as involving a
molar ratio of the diacid reactant mixture monomers, including any
sulfonated reactants, to dihydroxy reactant mixture in the range from 0.4:1 to
1.5:1. The references further describe the polymer products in terms of
molecular weight, other physical properties, which in some instances
includes the ratio of carboxylic to hydroxyl end groups. There is no
description of the polymer products in terms of residue moieties. See
Warzelhan ‘045, e.g., col. 1, ll. 30-44, col. 2, l. 62, to col., 3, l. 7, and col. 4,
l. 49, to col. 7, l. 8; Warzelhan ‘248, e.g., col. 1, ll. 16-22, and cols. 5-7 and
9.
I find no disclosure in the Warzelhan references which would have
taught that the mole percent diacid, sulfonate and dihydroxy reactants in the
reaction mixture(s) result in the identical mole percent diacid, sulfonate and
dihydroxy residue moieties in the polymer product. Indeed, no such
correspondence is disclosed by appellants (Specification, e.g., 19:31 to
21:33).
Thus, there is no evidence in the record which supports the
Examiner’s apparent basic contentions in two respects: (1) that the mole
percent monomer reactants in the reaction mixtures taught for the
preparation of the generically described sulfonated aliphatic-aromatic
copolyetherester polymers in the Warzelhan references result in the same
mole percent diacid, sulfonate and glycol residue ranges in the polymer
product as generically claimed in appealed claim 1; and (2) that the mole
percent relationship between the diacid mixture monomers and the sulfonate
compound taught for the preparation of the generically described sulfonated
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