Ex parte DIBIASE et al. - Page 7




          Appeal No. 94-3371                                                           
          Application 07/986,878                                                       


          diallylamine and “any other basic amino-nitrogen compound                    
          including ... secondary ... amines ...” (col. 3, lines 40-49).               
          According to Nadler, the oil solution is mixed with an isocyanate            
          concentrate (crude reaction mixture) and then the mixture is                 
          heated to an elevated temperature to distill and recover                     
          isocyanate monomer from the concentrate (col. 1, line 70 to col.             
          2, line 38 and col. 2, line 60-66).  In view of these teachings,             
          we find that Nadler would have suggested to one having ordinary              
          skill in the art the dispersants and the process claimed by                  
          appellants in claims 2-9 and 73.                                             
               Appellants argue Nadler’s process differs from the claimed              
          process in that Nadler is using addition type copolymer                      
          polyacrylate or polymethacrylates.  As discussed supra, Nadler               
          discloses compounds other than alkyl acrylates or methylacrylates            
          such as unsaturated dicarboxylic acid derivatives, which                     
          compounds come within the scope of appellants’ claimed (A-2-b-1)             
          substituted carboxylic acid component.  By the same token, the               
          amine component of Nadler’s dispersant is not limited to                     
          compounds such as beta-diethylaminoethyl methacrylate.  A                    
          secondary amine such as diallylamine is also suggested.  We find             
          that the teachings of Nadler would have suggested to one of                  
          ordinary skill in the art reacting an amine such as diallylamine             

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