Appeal No. 95-4199 Application No. 08/068,445 where R and R are selected from hydrogen, hydrocarbyl and3 4 halogen-substituted hydrocarbyl; and (3) an aromatic dicarboxylic acid halide having the structure O O 5 5 X—————C——A——C—————X where A is phenylene and X is chloro or bromo, in the presence of sufficient aqueous alkali to maintain an alkaline pH and in the presence of a substantially water-immiscible solvent; and in the presence of (4) an effective molecular modifying amount of a monohydric phenol. The references of record relied upon by the examiner are: Vaughn Jr. 3,419,634 Dec. 31, 1968 Schmidt et al. (Schmidt) 4,681,922 Jul. 21, 1987 Okamoto 0376052 Jul. 04, 1990 (Published European Patent Application) Claims 1 through 12 stand rejected under 35 U.S.C. § 103 as unpatentable over Schmidt in view of Okamoto and Vaughn Jr. Having carefully considered the respective positions advanced by the appellants in the brief and the examiner in the answer, it is our conclusion that the above-noted rejection is not sustainable. In rejecting claims under 35 U.S.C. § 103 the examiner bears the initial burden of 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007