Appeal No. 96-2665
Application 07/975,811
to ascertain the type of graft polymers employed by appellant,
whether it be a vinyl pyrrolidone grafted onto an olefin
backbone, vice versa, or both. This the examiner has not done.
On the other hand, appellant presents the reasonable argument
that one cannot specifically say which monomer forms the backbone
once the polymer is formed, and what is important to understand
is that the claimed graft polymer is not a linear polymer
containing two different monomers. The examiner has not refuted
appellant's reasoning and, in any event, it is axiomatic that an
applicant need not comprehend the scientific principles (in this
case, precise chemical structure) on which the practical
effectiveness of the invention rests. Fromson v. Advanced Offset
Plate, 720 F.2d 1565, 1570, 219 USPQ 1137, 1140(Fed. Cir. 1983).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
TERRY J. OWENS )
Administrative Patent Judge )
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