Ex parte KONRAD et al. - Page 2




          Appeal No. 95-2269                                                          
          Application No. 08/047,159                                                  


               (b) from 1 to 15% by weight of at least one monomer selected           
          from the group consisting of N-dodecylmaleamic acid and N-C /C -            
                                                                     8  18            
          alkylmaleamic acid;                                                         
               said copolymer having a viscosity of greater than 443                  
          mPa.s at a shear rate of 1.0s  at 0.5% by weight in 10% by-1                                             
          weight NaC1 solution.                                                       
               The reference relied on by the examiner is:                            
          Fong et al. (Fong)          4,801,388               Jan. 31, 1989           
               The issue presented for review is whether the examiner erred           
          in rejecting claim 22 under 35 U.S.C. § 103 as unpatentable over            
          Fong.                                                                       
                                     DISCUSSION                                       
               On consideration of the record, we reverse the examiner's              
          rejection under 35 U.S.C. § 103.                                            
               Claim 22, component (b), requires from 1 to 15% by weight of           
          "at least one monomer selected from the group consisting of N-              
          dodecylmaleamic acid and N-C /C -alkylmaleamic acid."  N-                   
                                      8  18                                           
          dodecylmaleamic acid contains a dodecyl group attached to the               
          nitrogen atom of maleamic acid.  The dodecyl group is derived               
          from dodecane, which is a saturated hydrocarbon containing 12               
          carbon atoms.  Respecting N-C /C -alkylmaleamic acid, this                  
                                       8  18                                          
          derivative contains a C -C -alkyl mixture attached to the                   
                                 8  18                                                
          nitrogen atom of maleamic acid (specification, page 10, lines 28            
          through 34).  In our judgment, the Fong reference is insufficient           
          to support a conclusion of obviousness of claims drawn to either            
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