Appeal No. 1995-0770
Application No. 07/929,457
Kamath et al. (Kamath ‘703) 4,129,703 December 12, 1978
2
Sanchez 4,129,704 December 12, 1978
Reactivity, Mechanism and Structure in Polymer Chemistry, A.D. Jenkins and A. Ledwith,
John Wiley & Sons (NY 1974), pp. 158-74.
A reference of record relied upon by this merits panel is:
Tam (Tam '307) 4,853,307 Aug. 1, 1989
Claims 1-21 and 28 are rejected under 35 U.S.C. § 112, first paragraph, on the
grounds that the term “substantially constant” temperature is not supported in the
specification as filed. Claims 1-21 and 28 are rejected under 35 U.S.C. § 112, second
paragraph, on the grounds that the term “substantially constant” is indefinite. Claims 1-21
and 28 are rejected under 35 U.S.C. § 103 as unpatentable over Kamath ‘696 in view of
Kamath ‘703. Claims 1-21 and 28 are rejected under 35 U.S.C. § 103 as unpatentable
over Kamath ‘696 in view of Sanchez and Kamath ‘703.
We reverse the rejections under 35 U.S.C. § 112, first and second paragraphs, and
vacate the rejections under 35 U.S.C. § 103. We make a new ground of rejection under
the provisions of 37 CFR § 1.196(b).
DISCUSSION
The rejections under 35 U.S.C. § 112, first and second paragraphs
2We note that the Examiner’s Answer misstates the Sanchez patent number.
Answer page 2. Appellants’ Brief states the number correctly. Brief page 4.
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