Appeal No. 95-1909
Application No. 07/563,887
specification, including all of the claims on appeal; (2)
applicants' main Brief and Reply Brief before the Board; (3)
the Examiner's Answer; and (4) the Baur patent cited and
relied on by the examiner. We have not considered the Kanluen
declaration, filed under the provisions of 37 CFR § 1.132 and
attached to the Reply Brief. As stated in the communication
mailed by the examiner January 12, 1995 (Paper No. 41), the
declaration was not considered by the examiner because it was
not timely filed.
On consideration of the record, including the above-
listed materials but not including the Kanluen declaration, we
reverse the examiner's prior art rejections.
DISCUSSION
Essentially, we agree with the reasons set forth in
applicants' main Brief, page 4, last paragraph, through page
14, penultimate paragraph.
The claimed copolymers require a chain having at least 10
ethylene oxide groups, represented by (A) in claim 1, on the
n
moiety having subscript a. Baur does not disclose or suggest
such a copolymer. On the contrary, in view of Baur's
disclosed process of esterifying carboxylate polymers or
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