Appeal 2007-3373
Application 10/477,363
1 F. Discussion
2 Claim 1
3 We have found that the subject matter of claim 1 is anticipated by
4 Berg.
5 The modifying agent of Berg reads on the additive moiety of Ciba.
6 The modifying agent of Berg can be covalently bonded to the Berg
7 dendrimer via covalent bond. Col. 3:30.
8 We fail to see any difference between (1) the modifying agent of Berg
9 covalently bonded to the Berg dendrimer and (2) the subject matter of
10 claim 1.
11 Ciba maintains that Berg does not teach additives that are covalently
12 bonded to a dendritic polymer. Appeal Brief, page 5. But, Berg explicitly
13 says that the modifying group can be covalently bonded to the dendrimer.
14 Col. 3:30-31 (the modifying group can be found to the dendrimer via a
15 covalent bond).
16 Ciba also maintains that there is no "overlap" with the modifying
17 groups of Berg and the additive groups of Ciba. Ciba's argument is difficult
18 to understand given the breadth of the Ciba "additives" and the breath of the
19 Berg "modifying groups." There is nothing in Ciba's claim 1 which would
20 distinguish the Ciba additives from the Berg modifying agent.
21 Claims 6, 8 and 10-11 stand or fall with claim 1.
22 Claims 4-5 and 7
23 The following "argument" appears on page 7 of the Appeal Brief:
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