Appeal No. 95-3097
Application 07/639,051
35 U.S.C. § 103 as being unpatentable over Edmonds in view of
Fisher and in further view of Russeler.3
Having carefully considered the entire record which includes
the specification, the appellants’ Brief (Paper No. 19) and the
examiner’s Answer (Paper No. 20), we find ourselves in
substantial agreement with the appellants’ position.
Accordingly, we reverse both rejections for the reasons set
forth in the Brief and comment only briefly.
As developed in the appeal Brief, the Fischer patent does
not teach or suggest the basic structure of an end cap monomer
having the claimed formula “ -Ar-X.” Fischer discloses
Ohtsuka
several imide structures in cols. 2-3, but we do not find any
disclosure of the claimed monomers. Rather, we find that the
examiner is asking us to believe that those of ordinary skill in
the art would have inferred that the imide-containing formulas
taught by Fischer could have been used to build an end-capped
monomer as described in the appellants’ claims. Answer, p. 6.
However, even if these persons would have made such inferences,
we point out that Fischer teaches that the monomers are
initiators of the cross-linking reaction. Thus, in our opinion,
3The examiner erroneously included claims 7 and 8 in the
rejection. Answer, p. 5. Claims 7 and 8 were canceled by
amendment filed August 8, 1994 in Paper No. 16.
3
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