Appeal No. 95-1146
Application No. 07/913,126
acrylamidoglycoamide alkyl ether of Cady are chemical homologs
of appellants' C -C alkylacrylamidoglycolate. In the
1 6
examiner's view, the only distinction between the polymers of
Cady and the claimed polymers is that where appellants'
polymers have a hydrogen substituent the polymers of Cady have
an alkyl group of 1-6 carbon atoms, which include a methyl
substituent. According to the examiner, the methyl
substituent is the next higher homolog of appellants' hydrogen
substituent. However, as explained by appellants, the
difference between a methyl and hydrogen substituent at the
relevant position is the difference between an ether and
hydroxyl functional group which, manifestly, is significantly
different. Accordingly, we agree with appellants that Cady,
alone, provides no teaching or suggestion of the claimed
polymers having the recited hydroxyl substituent.
Concerning the rejection over Cady in view of EPO '000,
we agree with the examiner that the European patent would have
suggested modifying the polymer of Cady to have a hydroxy
substituent rather than an ether substituent. However, as
pointed out by appellants, the European reference discloses
that the polymerization must take place in the presence of an
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