Appeal No. 95-4824
Application 07/966,163
because he has not provided evidence which shows either of the
following:
1) That merely mixing a bismuth-containing compound and a
polyacrylate results in the formation of a complex between the
polyacrylate and bismuth. Appellants state in their
specification that stirring a mixture of a bismuth-containing
compound and a polyacrylate at 40EC usually will produce a
complex within 24 hours (page 3, lines 20-22). Appellants’
claims do not require any minimum degree of complex formation,
but the examiner has provided no evidence that any formation of
coordinate bonds between a polyacrylate and bismuth would take
place during the mere mixing of a bismuth-containing compound and
a polyacrylate.
2) That the prior art would have fairly suggested, to one of
ordinary skill in the art, mixing a bismuth-containing compound
with a polyacrylate under conditions which cause the formation of
coordinate bonds between the polyacrylate and bismuth.
DECISION
The rejections under 35 U.S.C. § 103 of claims 1-3, 29-39
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