Appeal No. 95-3097
Application 07/639,051
Fisher would have suggested that the imide-containing monomers
would keep the reaction going, and not act as end cappers.
Accordingly, we do not find that the examiner has established
through the use of factual evidence or sound scientific reasoning
that the claimed compositions would have been obvious to one
person of ordinary skill in the art at the time the application
was filed. A conclusion of obviousness must be based on facts,
not unsupported generalities. In re Freed, 425 F.2d 785, 788,
165 USPQ 570, 572 (CCPA 1970).
As to the examiner’s argument that Fischer contemplates
“halogen substituents in the reactive groups which initiate the
cross-linking reaction(s),” we point out that the patent does4
not specify where the halogen group(s) are to be placed. Rather,
the teachings of Fischer suggest that the location of the halogen
groups is immaterial. Moreover, even though Fischer discloses
that the halogen substituents act as reactant groups, the
reference still fails, in the first instance, to teach the
claimed “ -Ar-X” formula.
Ohtsuka
4Answer, p. 6.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007